Justice Neil Gorsuch, who was appointed to the Supreme Court by President Trump in 2017, asked Cole, who is the national legal director for the A.C.L.U., how judges should now interpret an “old” law, written in a different era. This question is of particular importance to Gorsuch, who says he uses a method called textualism for deciding cases that involve a statute like Title VII. He believes that judges should focus only on the plain meaning of the text. When the court interprets the Constitution, Gorsuch subscribes to a similar (though not identical) theory, originalism, in which judges adhere to the meaning of the Constitution as people understood it when it was ratified. Because they are simply looking at the words before them, which they believe have a single, fixed meaning, judges like Gorsuch say their method allows their decision-making to be “value neutral” — in contrast to judges who consider a law’s purpose or consequences.
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