Rather, textualism is rooted in a distinctive moral commitment—a commitment to be governed by positive laws, namely the Constitution and statutes lawfully enacted by the people's representatives.

Over the past few decades, textualism—which holds that textual analysis best reveals a legal provision’s meaning—has established itself as the interpretive theory in American courts. It has ...

Textualism, to a first approximation, is central to the rule of law. But to a second approximation, we sometimes need to use other legal rules, unwritten law, and doing so is completely consistent ...

Commentary Breyer Says Textualism Leads to 'Abhorrent' Outcomes, But Takes a Light Touch on Its Effects on Today's SCOTUS The former U.S. Supreme Court justice's book provides excellent analysis ...

Commentary Today's Textualism is Strictly Optional It's not that textualism is dead, but strict adherence to it certainly is. And that's probably a good thing. August 27, 2024 at 12:50 PM 5 minute ...

Retired Supreme Court Justice Stephen Breyer on Sunday critiqued textualism, the judicial ideology held by most of the conservatives on the court, saying the perspective is stuck in the past ...

March 5, 2025 Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today Stuart Gerson Epstein Becker & Green + Follow Contact ...

Textualism, like any form of human endeavor, has its flaws and limitations. But Breyer’s argument unintentionally shows its strength and validity compared to the alternatives.

The views expressed by contributors are their own and not the view of The Hill The problem with ‘gotcha’ textualism by Alan Brownstein, opinion contributor - 04/11/22 2:30 PM ET Greg Nash ...

Exalting textualism and then ignoring the text is not textualism, it is judicial activism, which is precisely what has been occurring every time patent eligibility is discussed and decided.

Abandoning textualism in certain circumstances is now a recurring theme of sorts, Kagan noted. She pointed to the court’s decision in West Virginia v.

The confirmation hearings on Supreme Court Justice candidate Ketanji Brown Jackson will focus in part on two issues: Originalism and Textualism defined broadly as understanding the meaning of the ...