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Originalism is sort of subspecies of textualism…

“Originalism is sort of subspecies of textualism. Textualism means you are governed by the text. That's the only thing that is relevant to your decision, not whether the outcome is desirable, not whether legislative history says this or that. But the text of the statute.” quote by Antonin Scalia
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“Originalism is sort of subspecies of textualism. Textualism means you are governed by the text. That's the only thing that is relevant to your decision, not whether the outcome is desirable, not whether legislative history says this or that. But the text of the statute.”

Antonin Scalia

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Textualism prioritizes the statutory text over purpose or consequences, limiting judicial discretion.

In simple terms: Focus on the law's words, not outcomes.

Key Takeaway

Apply strict textual analysis.

Themes

law judiciary interpretation

Mood

analytical neutral

Type

legal philosophical

When to use this quote

  • court rulings
  • legislative drafting
  • legal education

Key Concepts

textualism originalism

Questions to Reflect On

  • Should judges consider outcomes?
  • How does textualism affect fairness?
A Different Perspective

Rigid focus may ignore real-world impacts.

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