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  • Evelyn Johns

Justice Kagan and Textualism

That word does not mean what she thinks it means.


Originally published in Discourse Magazine


Seven years ago, during the Antonin Scalia Lecture series at Harvard Law School, Justice Elena Kagan famously proclaimed, “We’re all textualists now.” Yet in her dissent in the Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency, Justice Kagan changed her tune by questioning the majority’s commitment to textualism, writing that “the current Court is textualist o