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 […] ...

At the Federalist Society convention in November, the White House counsel said, reportedly to everyone’s delight, that “the Trump’s administration’s philosophy on judging can be summarized in two ...

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, ...

Over 30 amicus briefs were filed in support of the government’s position in King v. Burwell. Many of these briefs make naked political appeals, urging the Court to uphold the contested IRS rule lest ...

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 ...

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 ...

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." There ...

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 ...

Justice Neil Gorsuch is a proud textualist. According to this approach, what Congress intended, or expected, when it passed a law doesn’t matter. What matters are the words printed on paper. In ...

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 ...

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 ...