[T]he Wall Street Journal editorial board warned last fall that liberal Justice Elena Kagan was trying to “lure” conservative justices Gorsuch and Kavanaugh to accept her redefinition of textualism.

“The larger threat is to the new Court and the use, or misuse, of textualism,” the editors explained. “If the plain binary meaning of ‘sex’ in 1964 as a man or woman can be redefined [by the court] to fit today’s cultural politics, then textualism as a legal doctrine becomes meaningless. Justice Scalia might say it tortures the language more than it can bear. Textualism would become merely one more tool for judges to impose their politics on the law—based on whatever creative uses Justice Kagan can conjure to apply it.”

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If we’ve learned anything over the last decade it’s that the left will go to extreme lengths to torture the English language, redefining words, declaring formerly benign words racist dog whistles, and, most dangerously, using the courts to reinterpret the language of decades-old statutes.

“During oral arguments, [Kagan] sought to redefine sex in Title VII to mean more than the binary choice of a man or woman,” said the WSJ editors, adding, “Justice Kagan is a shrewd court politician and her goal in politically significant cases is to attract one of the conservative justices to form a 5-4 liberal majority.”

“Her main target on the Title VII cases is Justice Gorsuch,” they rightly predicted back in November. “And sure enough, in oral arguments, he suggested that he might agree with Justice Kagan’s nouveau interpretation of sex. At one point he said, ‘The textual evidence is really close, really close, and we’re not talking about extra textual stuff.’”

Kagan succeeded in convincing Gorsuch to join the liberal majority in coming up with a novel—and truly Orwellian—definition of the word “sex.” . . .

(Excerpt from PJ Media. Article by Paula Bolyard.)

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