Wisconsin Supreme Court candidate Maria Lazar says she wants disagreements on the Court to be more respectful. At a Tuesday forum hosted by the Marquette University School of Law, Lazar ...

AV Ristorante is a recurring series by Brian Fitzpatrick. Ten years ago today, my old boss Supreme Court Justice Antonin ...

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“In light of Henry Schein, it is understandable why one would mischaracterize what have universally been defined to be exceptions to the statute for more than 150 years.” As I said during the webinar, ...

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, ...

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 ...

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’ ...

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 ...

Retired Justice Stephen Breyer knows his views about how to interpret the law are out of favor on the current U.S. Supreme Court. Still, he writes in a new book, "time from my perspective is an ally." ...

Retired Supreme Court Justice Stephen Breyer on Sunday critiqued textualism, the judicial ideology held by most of the conservatives on the court, saying the perspective is stuck in the past.

In this vital guide to judicial interpretation, former Supreme Court justice Breyer (The Authority of the Court and the Peril of Politics) argues against textualism, an approach conservative justices ...

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 ...