Supreme Court Justice Antonin Scalia waits for the beginning of the taping of "The Kalb Report" on April 17, 2014, at the National Press Club in Washington, D.C.. - Alex Wong/Getty Images North America/TNS
During her 2010 Senate confirmation hearings, centrist-liberal Supreme Court Justice Elena Kagan famously allowed that “we are all originalists.” In a 2015 interview at Harvard Law School honoring her then-colleague Justice Antonin Scalia, Kagan proclaimed that “we are all textualists now.” However, in a dissent opinion to the West Virginia v. Environmental Protection Agency decision, which gutted the Clean Air Act, Kagan wrote: “Some years ago, I remarked that we’re all textualists now. ... It seems I was wrong. The current Court is textualist only when being so suits it.” What are we to make...
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