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by hirundo 2200 days ago
The dominant school of originalists are the "public meaning" originalists. They hold that the original public meaning gives notice to the public about how to obey the law, where the original intent does not, since most people can't be expected to know what the intent was. Gorsuch is a leader of the public meaning approach.
1 comments

The interesting thing about Gorsuch's opinion considering his reputation is that he specifically focuses on applying the logical implications (if a company would not fire a person for being in a relationship with a man if they were female, clearly firing a man for doing so treats sexes differently) to the Civil Rights Act text rather than likely 1964 understanding of its intent and actually rules out the probable lack of consideration of LGBT issues by the original framers as a relevant factor.