Yuletide
@yuletide.bsky.social
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Yuletide
@yuletide.bsky.social
· Jun 20
Yuletide
@yuletide.bsky.social
· Jun 20
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![The majority’s contention that I reject “ ‘pure textualism’ [a]s insufficiently pliable to secure the result [I] seek,” ante, at 10, stems from an
unfortunate misunderstanding of the judicial role. Our interpretative
task is not to seek our own desired results (whatever they may be). And,
indeed, it is precisely because of this solemn duty that, in my view, it is
imperative that we interpret statutes consistent with all relevant indicia
of what Congress wanted, as best we can ascertain its intent. A methodology that includes consideration of Congress’s aims does exactly that—
and no more. By contrast, pure textualism’s refusal to try to understand
the text of a statute in the larger context of what Congress sought to
achieve turns the interpretive task into a potent weapon for advancing
judicial policy preferences. By “finding” answers in ambiguous text, and
not bothering to consider whether those answers align with other sources
of statutory meaning, pure textualists can easily disguise their own preferences as “textual” inevitabilities. So, really, far from being “insufficiently pliable,” I think pure textualism is incessantly malleable—that’s
its primary problem—and, indeed, it is certainly somehow always flexible enough to secure the majority’s desired outcome.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreih3qdtlloz3yhggypbtwiveqdgzzfgapsnetvq7qsni7wfmyuovoi@jpeg)
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![“[Cornett] then described his anger at illegal immigration, telling the detective that he was ‘pissed’ about undocumented migrants receiving welfare funds, phones and health insurance, and that he had ‘driven around before with the same thought,'” court documents state. “[He] later asked the detective whether he could be ‘charged for [his] thoughts,’ and went on to explain that he fantasized about flying an Apache helicopter gunship to the border and firing on undocumented migrants traveling into the United States in order ‘to deter’ other undocumented migrants from attempting to cross the border.”
Cornett’s housemates also told detectives that he was “kind of obsessed” with cable news stories about undocumented immigrants entering the United States.
Notably, neither victim was identified as an undocumented immigrant within court documents.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:7vmqlqtvqkkmuegzp7efeptu/bafkreigkmknd4ea23irjxqw2l6kdma7jloi73fzrnenhnq4fkqohzkijwa@jpeg)
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Chad Finn
@chadfinn.bsky.social
· Jun 16
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Zito
@zeets.bsky.social
· Jun 14
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Yuletide
@yuletide.bsky.social
· Apr 25
Yuletide
@yuletide.bsky.social
· Mar 28
Yuletide
@yuletide.bsky.social
· Mar 20
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Yuletide
@yuletide.bsky.social
· Mar 17