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Religion & Law

: Constitutionally Correct

An investigation of Justice Scalia?s statutory interpretation

By Alliance Alert

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Justice Scalia entirely suspends textualism in about a quarter of the cases in the study's sample, because he is interpreting a statute that he believes grants the courts common law authority. Second, when Justice Scalia engages in textual analysis, more often than not his presumption that the ordinary meaning of words governs statutory meaning is overcome.

Full post as published by Constitutionally Correct on March 28, 2008 (boomark / email).

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