Textualists Survived a Political Dunkirk in 2016

Judicial Crisis Network is helping lift the judiciary out of a sea of watery jurisprudence.

The Resurgent Gathering this weekend included a panel from the Judicial Crisis Network (JCN), a group whose mission is…

The stakes are even higher now that Donald Trump has nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy. When Gorsuch replaced the late Justice Antonin Scalia, the Supreme Court's ideological balance remained the same - one conservative textualist replaced another. This latest nomination, however, would result in five justices who believe in textualism – i.e., that statutes and constitutional provisions mean what they say and should be interpreted accordingly. Gone would be Kennedy's watery jurisprudence, replaced by Kavanaugh's firm textualism that, in many cases, would take the Court out of the policy-making business.