Working for Justice

Tag: Textualism

Facebook v. Duguid and the Textualism Gap

Posted April 5th, 2021 by in Commentary.

As Justice Kagan has famously declared: “We are all textualists now.” But textualism, while purporting to be the ultimate in objectivity and impartiality, is actually anything but evenhanded. In the hands of its fiercest proponents—namely those on the conservative side of the judicial spectrum—it means different things in different cases and for different people and […]

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