Legal interpretation begins with a legal text. At least in theory it does. While in practice this is not always the case, textualism has become synonymous with conservatism in recent Court eras primarily due to Justice Scalia’s reliance on the language of statutory texts. In practice, a textualist approach is not limited by judicial ideology and…
Tag: king v. burwell
The Three Shifts of Chief Justice John Roberts
Chief Justice John Roberts’ resume is not remarkably unique for a Supreme Court Justice. That is not to say that it is not impressive. There is scant evidence of an imperfection from his Harvard undergrad and law school education, appellate and Supreme Court clerkships, work in the Solicitor General’s Office, big firm law practice, and…
Ideological or Individual Rifts: Justice Thomas at the Edge of the Court
There is and has been a clear ideological division between the more conservative and liberal Justices on the Court, especially in cases with high profile civil rights issues such as marriage equality. A not so often examined aspect of this fissure has to do with the cohesion of the individual voting blocs. For instance, Justice…
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