Textualism’s Gaze

Fletcher, Matthew L.M.

Journal: Michigan Journal of Race and Law

Volume: 25

First Page: 111

Year: 2020

Bluebook Citation: 25 MICH. J. RACE & L. 111 (2020)

Author: Matthew L. M. Fletcher: all 51 publications


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.

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