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Unless the recent run of cases is a statistical anomaly, it seems clear that the U.S. Supreme Court favors the textualism advocated by Justice Antonin Scalia as its dominant mode of statutory interpretation, rather than looking to legislative history. This preference has its virtues, but experience shows that it is an insufficient method. Legislators may differ about the reasonable legislative purpose, but the judge's inference of their intention will do tolerable justice and serve democratic theory.
March 03, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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