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 ...

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 ...

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, ...

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 ...

Tuesday’s oral arguments at the Supreme Court should have been a cementing triumph for the late Justice Antonin Scalia. With the ascendance of six conservative justices—including his own former clerk, ...

Conservatives claim “textualism” is the only defensible approach to analyzing and applying a legal text. The term emphasizes the “plain meaning” of the text of a legal document and rejects the use of ...

The conservative majority of the Supreme Court has held that a law that bars obstructing or impeding a federal proceeding doesn’t apply to the Jan. 6 attack on the Capitol; despite the rioters’ effort ...

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 their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack reflect on Justice Antonin Scalia's influence on the interpretation of white-collar statutes—in particular, two obstruction of ...

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,” ...