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 ...
Katie Eyer is a professor of law at Rutgers Law School. She co-authored an amicus brief on behalf of scholars of statutory interpretation and equality law arguing that textualism required a finding in ...
At the Federalist Society convention in November, the White House counsel said, reportedly to everyone's delight, that “the Trump administration's philosophy on judging can be summarized in two words: ...
In a remarkable dissent, Court of Appeals Presiding Judge Christopher McFadden, sitting by designation, took head-on the concept of textualism as a legal doctrine. In the recent Georgia Supreme Court ...
In June, when the Supreme Court upheld President Obama’s health care reform, Chief Justice John Roberts’ opinion declared that the individual mandate’s “minimum coverage provision” shall not be ...
In a 1996 essay, Antonin Scalia declared war on judicial activism. He criticized justices for ruling according to their personal predilections and blasted the American legal system for being populated ...
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, ...
Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People." To the ...
TEXTUALISM in law and prescriptivism in usage are, in some ways, estranged cousins. It is fitting, then, that Antonin Scalia, textualism’s most prominent advocate, and Bryan Garner, the face of modern ...
The following is an essay for our symposium on Arizona v. United States by Roderick Hills, Jr., William T. Comfort, III Professor of Law at NYU. Professor Hills teaches Constitutional law, among other ...
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