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The New Textualism

Explore the emergence of "New Textualism" in statutory interpretation, a revolutionary approach championed by Justice Antonin Scalia in the late 1980s and analyzed by Professor William Eskridge. This video examines how New Textualism challenged the traditional method of using legislative history to interpret laws, instead advocating for a focus almost exclusively on statutory text. Learn about the key arguments for and against this approach, including debates over legislative intent, judicial discretion, and constitutional requirements. Publius, your humble host for No. 86. My name comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. I am a student curious to learn more about our government, institutions, and legal system. I will be your representative as I ask questions, interview experts, and offer insights in our videos and podcasts. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. #law #no86 #lawstudent #legalhistory