A New Era in SCOTUS Textualism

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…

Signs of a Gridlocked SCOTUS

Congress has historically low levels of public approval.  Current Gallup Polls place Congress’ approval rating at around 18%.    The Supreme Court’s approval rating tends to hover much higher – generally around the 50% level.  One reason for this disparity is from sense that the Supreme Court does not engage in politics in the manner of other…