#textualism

[ follow ]
fromLos Angeles Times
3 days 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
2 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.
US politics
fromAbove the Law
4 months ago

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.
[ Load more ]