textualism
Textualism is a method of statutory interpretation that asserts that a statute should be interpreted according to its plain meaning and not according to the intent of the legislature , the statutory purpose, or the legislative history.
Justice Antonin Scalia was considered one of the pioneers of originalism and textualism.
Even if the textualist approach is commonly regarded as a conservative approach to the law, the rigor of its application can lead to progressive outcomes.
In Bostock v. Clayton Cnty., 140 U.S. 1731, 1734 (2020) , Justice Neil Gorsuch (also widely viewed as Justice Scalia’s heir) delivered an opinion prohibiting employment discrimination based on sexual orientation or gender identity with his reasoning based on textualism.
[Last reviewed in March of 2022 by the Wex Definitions Team ]
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