The Supreme Court’s Conservatives Are Embracing a Brand of Textualism Too Extreme for Antonin Scalia
Posted on AllSides December 9th, 2020
From The Left
ANALYSIS
Tuesday’s oral arguments at the Supreme Court should have been a cementing triumph for the late Justice Antonin Scalia. With the ascendance of six conservative justices—including his own former clerk, Amy Coney Barrett—Scalia’s form of textualism seemed poised to become the Supreme Court’s permanent approach to interpreting the law. Instead, in Tuesday’s oral argument, that passing of the torch faltered as his successors embraced an even more radical brand of textualism.
The case in question is relatively sleepy, with no protesting crowds or eager reporters waiting in the wings. Facebook...
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