#Textualism

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FinchHaven info<a href="https://masto.ai/@Nonilex" class="u-url mention" rel="nofollow noopener noreferrer" target="_blank">@Nonilex</a> "who previously asked for the hearing to be postponed until after the election that Trump maintained he would win. After making that request, the judge said Trump could NOT now credibly say that winning the election makes him <a href="https://infosec.exchange/tags/immune" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#immune</a> from <a href="https://infosec.exchange/tags/sentencing" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#sentencing</a>."The problem here is that this is exactly how and why the current <a href="https://infosec.exchange/tags/SCOTUS" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#SCOTUS</a> was constructed by <a href="https://infosec.exchange/tags/LeonardLeo" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#LeonardLeo</a> and the <a href="https://infosec.exchange/tags/FederalistSociety" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#FederalistSociety</a>Points of law, the entire logic of existing law, are meaninglessThe Supreme Court of the United States exists only to do what is needed to advance the far-right agendaAll references to <a href="https://infosec.exchange/tags/Textualism" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#Textualism</a> and <a href="https://infosec.exchange/tags/Originalism" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#Originalism</a> and the meaning of the law as it exists are a fraud Not that any of that matters

Chuck Darwin<a href="https://c.im/tags/originalism" class="mention hashtag" rel="tag">#originalism</a> <a href="https://c.im/tags/textualism" class="mention hashtag" rel="tag">#textualism</a> <a href="https://c.im/tags/A2" class="mention hashtag" rel="tag">#A2</a> <a href="https://c.im/tags/secondamendment" class="mention hashtag" rel="tag">#secondamendment</a> <a href="https://c.im/tags/gunsense" class="mention hashtag" rel="tag">#gunsense</a> <a href="https://c.im/tags/hawaiian" class="mention hashtag" rel="tag">#hawaiian</a> <a href="https://c.im/tags/SupremeCourt" class="mention hashtag" rel="tag">#SupremeCourt</a>Mini thread by <a href="https://nfld.me/@taco" class="u-url mention">@taco</a> <a href="https://nfld.me/@taco/111909592946716120" target="_blank" rel="nofollow noopener noreferrer" translate="no">https://nfld.me/@taco/111909592946716120</a>

Chuck DarwinI feel like we could just read chunks of this opinion into the record because it’s just such a delightful excavation of both the bad history that undergirds "Bruen and Heller" before it, as well as the larger project of conscripting judges into "historical analysis". But I just want to read this quote from [Hawaiian Supreme Court] Justice Eddins: “Judges are not historians. Excavating 18th and 19th century experiences to figure out how old times control 21st century life is not a judge’s forte. History is messy. It’s not straightforward or fair. Bruen, McDonald, Heller, and other cases show how the court handpicks history to make its own rules.”<a href="https://c.im/tags/originalism" class="mention hashtag" rel="tag">#originalism</a> <a href="https://c.im/tags/textualism" class="mention hashtag" rel="tag">#textualism</a> <a href="https://c.im/tags/A2" class="mention hashtag" rel="tag">#A2</a> <a href="https://c.im/tags/secondamendment" class="mention hashtag" rel="tag">#secondamendment</a> <a href="https://c.im/tags/gunsense" class="mention hashtag" rel="tag">#gunsense</a> <a href="https://c.im/tags/hawaiian" class="mention hashtag" rel="tag">#hawaiian</a> <a href="https://c.im/tags/SupremeCourt" class="mention hashtag" rel="tag">#SupremeCourt</a><a href="https://c.im/@cdarwin/111913792073584064" target="_blank" rel="nofollow noopener noreferrer" translate="no">https://c.im/@cdarwin/111913792073584064</a>

Chuck DarwinThe Hawaii Constitution has a provision that is the same as the 🔹Second Amendment🔹 to the U.S. Constitution. [Hawaiian] Justice Eddins said: Even though the provisions are the same, we will not interpret them the same way, because we think the 🔸U.S. Supreme Court clearly got it wrong in Heller when it said the Second Amendment creates an individual right to bear arms.🔸Justice Eddins then pored over the immense body of scholarship and historical research that has shown, beyond a reasonable doubt, that 👉SCOTUS was catastrophically wrong in Heller. He even quoted this great study that refutes a centerpiece of Justice Antonin Scalia’s analysis in Heller, which was the idea that the phrase “bear arms” typically meant individual use of a weapon in 18th-century parlance. Scholars have analyzed thousands of documents from that era and proved that Scalia was just objectively wrong: The phrase “bear arms” was unfailingly used in a collective context, describing a militia—which makes sense, since the Second Amendment begins by saying its purpose is to protect the militia, not an individual right to own guns.Then Eddins’ opinion goes on to analyze the real history of guns in Hawaii. And he says: “The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.” This echoes the Pennsylvania Supreme Court’s discussion of Dobbs and real history—but also originalism, and who history leaves out. What’s really great about Eddins’ opinion is that it’s not just a rejoinder to Heller. It also goes on to talk about how🔥 it’s just not practical or feasible or wise to use history as your only guide to constitutional interpretation. 🔥 He wrote: “History is prone to misuse. In the Second Amendment cases, the court distorts and cherry-picks historical evidence. It shrinks, alters, and discards historical facts that don’t fit"<a href="https://c.im/tags/originalism" class="mention hashtag" rel="tag">#originalism</a> <a href="https://c.im/tags/textualism" class="mention hashtag" rel="tag">#textualism</a> <a href="https://c.im/tags/A2" class="mention hashtag" rel="tag">#A2</a> <a href="https://c.im/tags/secondamendment" class="mention hashtag" rel="tag">#secondamendment</a> <a href="https://c.im/tags/gunsense" class="mention hashtag" rel="tag">#gunsense</a> <a href="https://c.im/tags/hawaiian" class="mention hashtag" rel="tag">#hawaiian</a> <a href="https://c.im/tags/SupremeCourt" class="mention hashtag" rel="tag">#SupremeCourt</a> <a href="https://slate.com/news-and-politics/2024/02/hawaii-supreme-court-guns-case-rebuke-scalia.html" target="_blank" rel="nofollow noopener noreferrer" translate="no">https://slate.com/news-and-politics/2024/02/hawaii-supreme-court-guns-case-rebuke-scalia.html</a>

Chuck DarwinWill Trump provoke a crisis of legitimacy for the US supreme court? <a href="https://c.im/tags/Originalism" class="mention hashtag" rel="tag">#Originalism</a> is a recent contrivance, patched together as part of the “gameplan”, as Trump’s court whisperer, the Federalist Society’s Leonard Leo, describes it, of the capture of the courts to entrench the right’s agenda beyond the threat of adverse political tides for generations to come.<a href="https://c.im/tags/Textualism" class="mention hashtag" rel="tag">#Textualism</a> is the sister doctrine of originalism, providing snatches of text from the constitution divorced from social and legislative context as if in scriptural fundamentalism to undergird the reversal of rights. It claims that to interpret a law, a judge may examine the plain meaning of its text but nothing else. It works hand in hand with originalism to exclude inconvenient portions of the historical record from judicial consideration.But now this politicized jurisprudence has turned on its inventors. If ever there is a legal ruling of ironclad constitutional reasoning that can be defended on originalist and textual grounds it is in Anderson v Griswold, the decision issued last week by the Colorado supreme court. The decision holds that Trump engaged in insurrection on 6 January 2021, and that he is therefore barred for running for president under section three of the 14th amendment.The conundrum for the supreme court is that it can rescue Trump only by shredding originalism and textualism <a href="https://c.im/tags/fedsoc" class="mention hashtag" rel="tag">#fedsoc</a> <a href="https://c.im/tags/leonardleo" class="mention hashtag" rel="tag">#leonardleo</a> <a href="https://c.im/tags/14thamendment" class="mention hashtag" rel="tag">#14thamendment</a> <a href="https://c.im/tags/insurrection" class="mention hashtag" rel="tag">#insurrection</a> <a href="https://www.theguardian.com/commentisfree/2023/dec/26/trump-us-supreme-court-crisis?CMP=Share_iOSApp_Other" target="_blank" rel="nofollow noopener noreferrer" translate="no">https://www.theguardian.com/commentisfree/2023/dec/26/trump-us-supreme-court-crisis?CMP=Share_iOSApp_Other</a>

Chuck DarwinEnter <a href="https://c.im/tags/Leonard" class="mention hashtag" rel="tag">#Leonard</a> <a href="https://c.im/tags/Leo" class="mention hashtag" rel="tag">#Leo</a>. In the early years of the Trump administration, he and the <a href="https://c.im/tags/Federalist" class="mention hashtag" rel="tag">#Federalist</a> <a href="https://c.im/tags/Society" class="mention hashtag" rel="tag">#Society</a> had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of <a href="https://c.im/tags/originalism" class="mention hashtag" rel="tag">#originalism</a> and <a href="https://c.im/tags/textualism" class="mention hashtag" rel="tag">#textualism</a> — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream. Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil <a href="https://c.im/tags/Gorsuch" class="mention hashtag" rel="tag">#Gorsuch</a>, Brett <a href="https://c.im/tags/Kavanaugh" class="mention hashtag" rel="tag">#Kavanaugh</a>, and Amy Coney <a href="https://c.im/tags/Barrett" class="mention hashtag" rel="tag">#Barrett</a> to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts. By the time Trump left office, he had put on the bench 28% of all federal judges in America.In the town hall video, <a href="https://c.im/tags/Baehr" class="mention hashtag" rel="tag">#Baehr</a> explained how he modeled <a href="https://c.im/tags/Teneo" class="mention hashtag" rel="tag">#Teneo</a> on the Federalist Society. Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members. Leo was “identifying them and recruiting them for either specific roles to serve as <a href="https://c.im/tags/judges" class="mention hashtag" rel="tag">#judges</a> or to spin up and launch critical <a href="https://c.im/tags/projects" class="mention hashtag" rel="tag">#projects</a> often which you would have no idea about.”<a href="https://c.im/tags/FedSoc" class="mention hashtag" rel="tag">#FedSoc</a> <a href="https://c.im/tags/teneonetwork" class="mention hashtag" rel="tag">#teneonetwork</a> <a href="https://c.im/tags/darkmoney" class="mention hashtag" rel="tag">#darkmoney</a> <a href="https://www.propublica.org/article/leonard-leo-teneo-videos-documents" target="_blank" rel="nofollow noopener noreferrer" translate="no">https://www.propublica.org/article/leonard-leo-teneo-videos-documents</a>

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