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Sunday, April 26, 2026

Say what now, Justice Alito? - The Boston Globe

This is an excerpt from Arguable, a Globe Opinion newsletter from columnist Jeff Jacoby. Sign up to get Arguable in your inbox each week.

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Over the weekend, in a lengthy interview with The Wall Street Journal’s opinion page, Supreme Court Justice Samuel Alito offered insights into some of the ways he and his conservative colleagues differ in their approach to judging and the law.

For example, he said, Chief Justice John Roberts “puts a high premium on consensus,” which is why “he rarely dissents.” Justice Clarence Thomas gives less weight than other justices to stare decisis — the principle that once an issue has been settled in court, it remains settled — and often files solo opinions that disregard precedents he considers mistaken.

Alito observed that while both he and Justice Neil Gorsuch are textualists — i.e., they focus on the plain meaning of a statute’s words — Gorsuch is much more likely to interpret a text in a way its author could not have intended. A quintessential example was the 2020 case of Bostock v. Clayton County. Gorsuch, writing for the majority, held that Title VII of the 1964 Civil Rights Act, which prohibits employers from discriminating because of “sex,” extends to “sexual orientation and gender identity.” Alito dissented, arguing that in 1964, when homosexuality was broadly disfavored, Congress plainly wasn’t intending to make sexual orientation a protected category.

It was an interesting interview and well...



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