Originalism (Scalia/Gorsuch strand)
textualism & original public meaning, 1986–present
Originalism reads constitutional text by 1791-era public meaning; the major living case applications — Heller (Second Amendment), Bruen (carry rights), Dobbs (returning abortion to states), and Bostock (textualist surprise on LGBTQ employment) — track different parts of Abbott's and Hinojosa's records differently. Abbott aligns on Heller/Bruen (signing permitless carry HB 1927), Dobbs (SB 8), and a textualist 'state-power' reading of immigration enforcement (SB 4). Hinojosa runs against Heller/Bruen on guns and Dobbs on abortion but earns Bostock-flavored credit on the gay/trans panic defense bill (HB 73) and LGBTQ-protection votes. Originalism is methodologically formalist, so it's possible to score high while substantively disagreeing — but Abbott's record sits closer to Federalist Society methodological commitments. Abbott is the substantially closer originalism fit.
Sources
- Cassandra Pollock, 'Abbott signs HB 1927, Texas permitless-carry law,' Texas Tribune, June 16, 2021. (full list)
- Eleanor Klibanoff, 'Gov. Greg Abbott signs into law one of nation's strictest abortion bans,' Texas Tribune, May 19, 2021. (full list)
- CBS News, 'Texas immigration law SB 4, making illegal entry a state crime, signed by Greg Abbott,' Dec. 2023. (full list)
- 'Gina Hinojosa,' Wikipedia, accessed May 2026 — legislative record including HB 73 gay/trans panic defense ban. (full list)
- Originalism (Scalia/Gorsuch strand): textualism and original public meaning, 1986-present. (full list)