In 2015, commenting on the work of Justice Antonin Scalia, Justice Elana Kagan announced, “We are all textualists now.” But we might well ask, what does that mean these days?
It's not that textualism is dead, but strict adherence to it certainly is. And that’s probably a good thing.
August 27, 2024 at 12:50 PM
5 minute read
In 2015, commenting on the work of Justice Antonin Scalia, Justice Elana Kagan announced, “We are all textualists now.” But we might well ask, what does that mean these days?
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