Abraham Lincoln, None?

Today is Presidents Day in the United States, a national holiday. Actually, that’s not quite right. Officially, the federal holiday is still called Washington’s Birthday, and that’s the official name here in New York, too. (Who knew?) But, unofficially, America uses this day to . . . . Continue Reading »

Why Textualism is Winning

Harvard’s Cass Sunstein rearticulated criticisms of “originalism”—the theory that judges should construe legal texts using the original public meaning of its words—in a Bloomberg op-ed piece last week. While critical of conservative originalism, Sunstein does not reject the entire approach outright. Sunstein, like Jack M. Balkin in his 2011 book, Living Originalism, seeks to wrest the idea originalism from the proprietary hands of conservative legal authorities like U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas. Continue Reading »