Progressives have created the fiction in which the US Constitution “is what the Supreme Court says it is.” In reality, the ...

The Supreme Court has noted that the intention of a constitution is to outline principles rather than specific details. This allows for flexibility in interpretation, enabling the constitution to ...

That will help now that courts must be persuaded that a Treasury Regulation reflects the best interpretation of a statute. Third, courts tend to be wary of unintended consequences of their ...

The Richard J. Childress Memorial Lecture at Saint Louis University School of Law brought together legal scholars and practitioners on October 25, 2024, to explore constitutional interpretation in ...

That, I fear, is what the majority’s interpretation here will do. Breyer acknowledges that the majority’s reading “may be consistent with the statute’s text,” but he objects that it ...