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 […] ...

Add Yahoo as a preferred source to see more of our stories on Google. Alternatively, over time, consistent agency views might remain in the mix but become just another of many items in the ...

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 ...

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 — they went wrong in how they read the Constitution. In critiquing “textualism,” Breyer means the majority’s belief that a careful ...

To the editor: Judge Amy Coney Barrett, President Trump’s nominee to the U.S. Supreme Court, has written decisions and scholarly articles dealing with “textualism,” but in her op-ed article law ...

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,” ...

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, ...

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 ...

At the start of the Trump presidency, the Republicans changed the Senate rules to allow Supreme Court nominees to be confirmed with 51 votes, rather than 60-vote threshold traditionally need to ...

In the immediate aftermath of Justice Gorsuch’s grievously awful majority opinion last June in Bostock v. Clayton County—holding that discrimination on the basis of sexual orientation or transgender ...