It's not that textualism is dead, but strict adherence to it certainly is. And that's probably a good thing. In 2015, commenting on the work of Justice Antonin Scalia, Justice Elana Kagan announced, ...

My lecture is about textualism's political morality. Let me begin with a parable, courtesy of David Foster Wallace: There are these two young fish swimming along, and they happen to meet an older fish ...

On Monday, I delivered the 2023 Scalia Lecture at Harvard Law School. My title was "Beyond Textualism?" and I discussed "the reductio ad Bostock"; the role of substantive canons and the major ...

The conservative majority of the Supreme Court has held that a law that bars obstructing or impeding a federal proceeding doesn’t apply to the Jan. 6 attack on the Capitol; despite the rioters’ effort ...

On Tuesday, President Joe Biden’s nominee to the Supreme Court sounded like a textualist and an originalist. Ketanji Brown Jackson stated, “I believe that the Constitution is fixed in its meaning,” ...

As ethics problems mount at the Court, John Roberts's response has been too little and too late. Here: Chief Justice of the United States John Roberts on Wednesday, Jan. 29, 2020. (AP Photo/Patrick ...

During Judge Ketanji Brown Jackson’s confirmation hearing, Sen. Marsha Blackburn (R-Tenn.) seemed triumphant when she confronted the Supreme Court nominee with the fact that the word “abortion” is not ...

Tuesday’s oral arguments at the Supreme Court should have been a cementing triumph for the late Justice Antonin Scalia. With the ascendance of six conservative justices—including his own former clerk, ...

Two doctrines favored by the conservative supermajority — textualism and originalism — could play a crucial role in any decision by the justices on whether to keep Donald Trump on the ballot. By ...

In 2015, commenting on the work of Justice Antonin Scalia, Justice Elana Kagan announced, "We are all textualists now." But we might well ask, what does that mean these days? Seen simply, textualism ...