LogFAQs > #924481985

So....fairly confident Gorsuch and Thomas vote to uphold this decision. They are really big on the "words mean what they say" thing. That means words mean what a reasonable person of the time of the passage of the law would think they mean, not necessarily what the drafter intended. If that leads to absurd results, they'll give their usual line about how courts can't fix that and you should take it up with Congress if you don't like their poor drafting.

Hard to see Roberts going for this - I don't think he's really gone for the all or nothing, black or white, complete and total exoneration or immediate execution style* jurisprudence before.

*I think Thomas has been on record in a dissent in saying that even a factually innocent prisoner can be executed if he received a procedurally fair trial and the only mistake was the verdict.
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September 1, 2003; November 4, 2007; September 2, 2013
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