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 court’s approach to administrative law, agencies, and the lower courts. Does legislative history have a future in judicial […] ...

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, ...

Add Yahoo as a preferred source to see more of our stories on Google. Title VII of the Civil Rights Act of 1964 made it unlawful for employers to “discriminate against” employees “because of . . . sex ...

Supreme Court Justice Neil Gorsuch, joined by an unusual alignment of conservative and liberal justices, ruled in favor of a ‘nonpermanent resident alien’ on Thursday who is seeking to challenge his ...

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 ...

Retired Supreme Court Justice Stephen Breyer speaks with Post associate editor Ruth Marcus about his new book taking on textualism and originalism, his “concern” the high court may be out of step with ...

The presupposition behind many questions during Neil Gorsuch's confirmation hearing on March 22, 2017, was that by taking the originalist approach, one hasn't evolved, and is stuck in 1788. Gorsuch ...

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 ...

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 ...

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." Three ...

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,” ...