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Vahe Oughourlian's avatar

"The current court is textualist only when being so suits it."

I am not a lawyer. I’ll never be a lawyer. But Scalia’s textualism/originalism always seemed unhinged to me, but what was particularly insane was how his colleagues were just like, yeah, seems fine. OF COURSE IT WAS CONDITIONAL. I’m deeply frustrated that somehow people are waking up to this position now. It could never be reasonably used as a broad principle to interpret law, and they’ve been gaslighting us for decades about a comma in the 2nd amendment while simultaneously ignoring any change in guns in the intervening 230 years. Sigh.

“Possible at this point that California is now going to lose out on water rights, we should start building desalination before that happens.”

Sorry how does this ruling affect California’s water rights, or is that a separate issue? From LWT I know the water rights compact in the western states has oversubscribed the Colorado River, but I’m curious about “losing out on water rights.”

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David Watson's avatar

The concern about water rights is that if there's a conflict between the western states over the Colorado river, SCOTUS seems so vindictive right now that they'll rule against CA out of spite, regardless of the merits.

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Vahe Oughourlian's avatar

Ah, I see.

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