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 ...
Retired Justice Stephen Breyer knows his views about how to interpret the law are out of favor on the current U.S. Supreme Court. Still, he writes in a new book, "time from my perspective is an ally." ...
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,” ...
The U.S Constitution has been in action since the end of the 18th century, and it remains the oldest active Constitution. To survive that long, it has had to be adaptable. Indeed, it has been active ...
In my analysis of Justice Neil Gorsuch’s opinion for the Court in Bostock v. Clayton County, I noted his past adherence to originalism and textualism, citing as an example the following passage from ...
Originalism has featured prominently in each of the last three Supreme Court confirmation battles – those of Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and now Amy Coney Barrett. Each time, ...
Last week, the Fifth Circuit decided Williams v. Homeland Ins. Co. of New York. The case involved a fairly complicated, and long-running dispute against the insurance company. Here, a divided panel ...
Two years since Justice Antonin Scalia’s death on February 16, 2016, no new book has offered an overall assessment of his three decades as one of the Supreme Court’s most quoted, contentious, vilified ...
Ketanji Brown Jackson is expected to be a liberal justice. But time and again, during her testimony before the Senate on Tuesday, Jackson endorsed conservative theories like originalism and textualism ...
On the last day of the Supreme Court’s term, in a case called West Virginia v. Environmental Protection Agency, the Court declared that the Clean Air Act does not clearly authorize the EPA to create a ...
The U.S Constitution has been in action since the end of the 18th century, and it remains the oldest active Constitution. To survive that long, it has had to be adaptable. Indeed, it has been active ...
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