The U.S. Supreme Court in Washington. Photo: Diego M. Radzinschi/ALM Behind Recent 'Progressive' Supreme Court Victories, a Strategic Focus on Text, History
Lawyers hoping to win must appeal to the judicial methodologies in vogue at the high court. These days, that means homing in on statutory text and diving into constitutional history.
May 21, 2024 at 07:11 PM
7 minute read
It's not rocket science, to hear Georgetown Law professor Brian Wolfman tell it.
Lawyers hoping to convince a U.S. Supreme Court majority to rule for their client must appeal to the judicial methodologies in vogue at the court. These days, that means homing in on statutory text to win over the court's "textualist" members and diving into constitutional history and practice to persuade its "originalists."
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