Listening to Justice Barrett
My review of Amy Coney Barrett's Listening to the Law.
Textualism
Should Consumers Expect to Find Bones in "Boneless Wings"?
"Boneless wings" aren't wings, so does that mean they don't have to be boneless either? The Ohio Supreme Court weighs in.
Wisconsin Supreme Court Rules Sidewalks are not "Pedestrian Ways" - thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them
The close 4-3 decision might well become a staple of textbooks.
Indiana Court Rules Burritos and Tacos Qualify as Sandwiches
The decision exemplifies a longstanding issue in legal theory. It also highlights the absurdity of zoning rules.
What Should a Textualist Think about Trump's Claims of Presidential Immunity?
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality
Further debate on textualism, "common good constitutionalism," and the classical legal method.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
"Textualism's Political Morality" by the Honorable Neomi Rao
Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.
Justice Barrett's Textualist Defense of the Major Questions Doctrine
In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.
A Major New Defense of the Major Questions Doctrine
Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.
A Textualist Defense of the Major Questions Doctrine
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions
The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina
Barrett v. Gorsuch
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
Judge Neomi Rao on "Textualism's Political Morality"
A lecture on textualism at the Case Western Reserve University School of Law.
