Welcome to Supreme Court Brief. The court heard two arguments Monday after issuing its weekly orders list, which again did not include any new cases for next term.
In addition to being one of the biggest argument days of the term—as I previewed in Monday’s Brief—Tuesday is also publication day for retired Justice Stephen Breyer’s latest book, “Reading The Constitution: Why I Chose Pragmatism, Not Textualism.” You can find my write-up of the book here for the National Law Journal, including Breyer’s somewhat hopeful suggestion that originalism and textualism are but passing fads that time will one day prove unworkable.
