Contributions by ‘Victoria Nourse’

The Paradoxes of a Unified Judicial Philosophy

Six Justices now share a unified judicial philosophy in constitutional and statutory cases that they call “original public meaning” analysis. This Article provides the first empirical analysis of the Supreme Court’s new interpretive philosophy, covering the 2020–2021 Terms and over 300 opinions. Although most associate originalism with history, the Supreme Court’s version of originalism depends upon finding the original public meaning of text—hence the convergence of originalism and textualist modes of analysis more familiar to statutory than constitutional interpretation.

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