Article Title
Abstract
This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.
Recommended Citation
Matthew L. Fletcher,
Textualism’s Gaze,
25
Mich. J. Race & L.
111
(2020).
Available at:
https://repository.law.umich.edu/mjrl/vol25/iss2/2
Included in
Indigenous, Indian, and Aboriginal Law Commons, Legislation Commons, Supreme Court of the United States Commons