#textualism

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fromAbove the Law
5 months ago
Law

Morning Docket: 11.05.25 - Above the Law

Supreme Court addresses a tariffs case with non-delegation implications while the legal industry contends with firm deals, workplace changes, AI ethics, and misconduct allegations.
fromAbove the Law
10 months ago
US politics

Justice Breyer Dismantles Originalism Like It Deserves Respect. It Doesn't. - Above the Law

Stephen Breyer shares insights on pragmatism versus textualism through his personal experiences and reflections on his time in the Supreme Court.
fromLos Angeles Times
6 months ago

What makes a rebellion? Trump's troop deployment may hinge on one man's dictionary

At the center of the sprawling legal battle over President Trump's domestic military deployments is a single word: rebellion. To justify sending the National Guard to Los Angeles and other cities over the outcry of local leaders, the Trump administration has cited an obscure and little-used law empowering presidents to federalize soldiers to "suppress" a rebellion, or the threat of one. But the statute does not define the word on which it turns. That's where Bryan A. Garner comes in.
Law
Right-wing politics
fromAbove the Law
8 months ago

Supreme Court Just 'Calvinball Jurisprudence With A Twist,' Writes Justice Jackson - Above the Law

Conservative jurisprudence operates like Calvinball—applying textualism and originalism inconsistently to justify preferred outcomes, including in the Supreme Court's NIH v. APHA decision.
fromAbove the Law
9 months ago

Morning Docket: 07.07.25 - Above the Law

Judge Posner emphasized that the reliance on textualism and originalism in legal interpretation serves more as a facade than a genuine practice, revealing a deeper critique of legal philosophies.
Law
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