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Justice Gorsuch Draws Rebuke From Right Over LGBTQ Decision

June 16, 2020, 11:27 AM

Justice Neil Gorsuch found himself in the unaccustomed position of taking flak from the right after authoring a landmark opinion extending job discrimination protections to LGBTQ workers.

Textualist Rationale: Gorsuch’s use of “textualism"—the interpretive approach embraced by many conservatives—to justify his 6-3 ruling garnered the most rebuke.

Scalia Comparison: “Justice Scalia would be disappointed that his successor has bungled textualism so badly today, for the sake of appealing to college campuses and editorial boards,” said Carrie Severino, of the Judicial Crisis Network. Her organization spent millions to support Gorsuch and fellow Trump-nominee Justice Brett Kavanaugh. The late Antonin ...