A Matter of (Statutory) Interpretation: Bostock and the Differences Between Originalism and Textualism

In June of 2020, Justice Gorsuch delivered the majority opinion for the Supreme Court in the landmark case Bostock v. Clayton County, holding that discrimination against employees for their sexual orientation or gender identity is effectively discrimination because of sex, and is thus barred by Title VII. In dissent, Justice Alito wrote that the “Court’s opinion is like a pirate ship. It sails under a textualist flag, but what it actually represents is a theory of statutory interpretation that Justice … Continue reading A Matter of (Statutory) Interpretation: Bostock and the Differences Between Originalism and Textualism