Tag Archives: textualism

Originalism vs. Textualism

by James J Heaney Posted on 27 September 2020

One popular critique of originalism. (Source unknown.) A couple of days ago, I mentioned offhandedly that “originalism” and “textualism” are not the same thing. Then I moved on. A couple of readers have asked me to expand on this. What’s … Continue reading →

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Wait, What’s a “Textualist”?

by James J Heaney Posted on 22 September 2020

Very, very broadly, the nation is divided into two camps on the substantive questions surrounding judicial nominations. Roughly half the nation supports textualism, and the other half supports the living tree doctrine. I doubt most people could actually name these doctrines, but it … Continue reading →

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