A few months ago I linked to a lecture called "Beyond Textualism?" that I gave at Harvard Law School in the "Scalia Lecture" series -- on what the core insight of textualism is and how we might extend ...
In March 2022, the Honorable Neomi Rao of the U.S. Court of Appeals for the D.C. Circuit delivered the Sumner Canary Memorial Lecture on "Textualism's Political Morality." The Case Western Reserve Law ...
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, ...
During U.S. Supreme Court Justice Stephen Breyer's four-plus decades on the federal bench (1980-2022), a new method of constitutional interpretation based on purported neutral principles gained ...
The Supreme Court’s Conservatives Are Embracing a Brand of Textualism Too Extreme for Antonin Scalia
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, ...
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 ...
Conservatives claim “textualism” is the only defensible approach to analyzing and applying a legal text. The term emphasizes the “plain meaning” of the text of a legal document and rejects the use of ...
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,” ...
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 ...
Collateral Damage for the Coal Industry? What Would George Washington Do? Religious Freedom Is Syria’s First Test Trump Was Always Wrong About the Trade Deficit Audio By Carbonatix Gorsuch failed to ...
Breyer argues that not only were these decisions wrong in outcome — they went wrong in how they read the Constitution. In critiquing “textualism,” Breyer means the majority’s belief that a careful ...
Many think that the appointment of Judge Amy Coney Barrett to the Supreme Court will jeopardize the Affordable Care Act and abortion rights. But the reach of her antidemocratic judicial philosophy ...
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