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 ...
Major Questions is a recurring series by Adam White, which analyzes the courtâs approach to administrative law, agencies, and the lower courts. Does legislative history have a future in judicial [âŚ] ...
Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Loper Bright put an end to that model of deference. In so doing, it left in ...
During Judge Ketanji Brown Jacksonâs confirmation hearing, Sen. Marsha Blackburn (R-Tenn.) seemed triumphant when she confronted the Supreme Court nominee with the fact that the word âabortionâ is not ...
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 ...
Breyer argues that not only were these decisions wrong in outcome â they went wrong in how they read the Constitution. In critiquing âtextualism,â Breyer means the majorityâs belief that a careful ...
At the Federalist Society convention in November, the White House counsel said, reportedly to everyoneâs delight, that âthe Trumpâs administrationâs philosophy on judging can be summarized in two ...
Jonathan Skrmetti is chief deputy attorney general of the state of Tennessee, which filed an amicus brief on behalf of 15 states in support of the employers in Bostock v. Clayton County and Harris ...
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 ...
As we see it, the most important trend coming from the Georgia Supreme Court in 2017 is the courtâs adoption of textualism as the guiding principle of statutory interpretation in Georgia. Because of ...
On Tuesday, President Joe Bidenâs nominee to the Supreme Court sounded like a textualist and an originalist. Ketanji Brown Jackson stated, âI believe that the Constitution is fixed in its meaning,â ...
To the editor: Judge Amy Coney Barrett, President Trumpâs nominee to the U.S. Supreme Court, has written decisions and scholarly articles dealing with âtextualism,â but in her op-ed article law ...
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