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 ...
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 ...
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 Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...
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 ...
Retired Supreme Court Associate Justice Stephen Breyer arrives for the State Dinner with President Joe Biden and French President Emmanuel Macron at the White House in Washington, Thursday, Dec. 1, ...
The first of today’s cases, Delaware v. Pennsylvania, is also the first opinion rendered by Justice Jackson. As you can tell from the caption, this case involves a dispute between states, one of the ...
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 ...
The recent opinion of the Supreme Court in Bostock v. Clayton County, Georgia, holding that discrimination based on sex under the Civil Rights Act of 1964 necessarily encompasses discrimination based ...