‘We are all textualists now’

Litigators often grapple with the meaning of statutes, constitutional provisions, and other legal texts.  When we do so, we tend to canvas the provision’s history, to review the enactors’ stated intentions, and to assess the policy implications of the competing interpretations. But there’s a smarter place to start in today’s judicial climate:  the text itself. “Textualism,” ...

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