“Commentary: In Pair of Opinions, Fight Over Textualism Lives On; When Justice Kagan declared at a 2015 “Scalia Lecture” at Harvard Law School that ‘we are all textualists now,’ she may have been a bit premature.”

I have written this oped for the National Law Journal. It begins: The battle over Justice Antonin Scalia’s approach to interpreting federal statutes shows no signs of abating even two years after his death, as a pair of opinions issued Wednesday by Justice … Continue reading

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Judge Posner Offers “Simpler and Cruder” “Cynical” Response to Abbe Gluck on CJ Roberts in King v. Burwell

Harvard Law Review Forum: Pofessor Abbe Gluck is far more steeped in the scholarly literature on statutory interpretation than I, and far more familiar with the workings of Congress than I, including the specific legislative process that generated the provision … Continue reading

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“After the Override: An Empirical Analysis of Shadow Precedent”

Brian Broughman and Deborah Widiss have posted this draft on SSRN.  Here is the abstract: Abstract: The ability of Congress to override judicial interpretations of statutory language is central to legislative supremacy. Both political science and legal scholarship assume, often … Continue reading

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