The confirmation hearings on Supreme Court Justice candidate Ketanji Brown Jackson will focus in part on two issues: Originalism and Textualism defined broadly as understanding the meaning of the ...

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,” ...

Breyer Makes His Case Against Textualism and Originalism "Those theories will not bring about the advantages that their advocates hope to achieve. They will not bring certainty to the law," the ...

Breyer Says Textualism Leads to 'Abhorrent' Outcomes, But Takes a Light Touch on Its Effects on Today's SCOTUS The former U.S. Supreme Court justice's book provides excellent analysis of the contrast ...

During her 2010 Senate confirmation hearings, centrist-liberal Supreme Court Justice Elena Kagan famously allowed that “we are all originalists.” In a 2015 interview at Harvard Law School honoring her ...

On March 12, the Byron R. White Center for American Constitutional Law and the American Constitution Society (ACS) at Colorado Law hosted a lunch talk on “Reclaiming the Constitutional Text from ...