Pure textualism’s refusal to try to understand the text of a statute in the larger context of what Congress sought to achieve turns the interpretive task into a potent weapon for advancing judicial policy preferences.
Ketanji Brown Jackson: “Pure textualism’s refusal to try to understand the text of a statute in the larger context of what Congress sought to…”
Editor's note · Context
Jackson argues that textualism can distort judicial interpretation to favor personal agendas.
Share
More from Ketanji Brown Jackson
The harm caused by burdening or disenfranchising even a few lawful voters outweighs the nonexistent harm that the Government experiences when it is prevented from taking an action that it likely lacks the authority to take.
Significant real-world harms can follow Supreme Court stay rulings, and when the court’s orders do not acknowledge that reality, they seem oblivious and ring hollow,
This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections.
Why is it that one party should get a fast pass to the Supreme Court of the United States, when so many other parties are queued up, waiting patiently for the court’s attention?