Put another way, the fight between following the law and making it up as you go along still rages.pic.twitter.com/CRo6uWbRoK
#ELB: “Commentary: In Pair of Opinions, Fight Over Textualism Lives On; When Justice Kagan declared at a 2015 “Scalia Lecture” at Harvard Law School that ‘we are all textualists now,’ she may have been a bit premature.” http://electionlawblog.org/?p=97703
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looking forward to your reactions to my book
End of conversation
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But when a non-textualist uses the word “textualist,” it might mean “non-textualist,” right?
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Sotomayor might be ignoring leg.history because the text is so clear, but be willing to invoke it if text is less clear. If you kill a possum with one bullet, there's no need to use two.
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