Law

At Supreme Court These Days, the Liberal Justices Are 'Textualists' Too

The U.S. Supreme Court heard nine cases this month covering a vast field of federal law, from a dispute over Environmental Protection Agency discharge permits to the scope of a major antiracketeering ...
SCOTUSblog on MSN

Legislative history lives on – in secret

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Rumors of the textualist triumph over legislative history have been greatly ...
Reason

Religious Employment and Title VII: Part 5—Common Objections to a Textualist Reading of Title VII's Religious Employer Exemption

Critics object that a textualist interpretation of Section 702 would open the door to racial discrimination. Not so. Section 702 exempts a religious employer from Title VII only when it selects an ...
Reason

Religious Employment and Title VII: Part 3—Resolving an Enduring Circuit Split

This is the third in a series of five posts discussing our recent article in the BYU Law Review on Title VII's religious employer exemption. In the last post we explained how a textualist reading of ...
Law

At Supreme Court These Days, the Liberal Justices Are 'Textualists' Too

Who Is a ‘Good Textualist’? Kagan considers herself a “good textualist” and consistently credits the late conservative Justice Antonin Scalia, her former hunting buddy, with making the plain language ...