Debate regarding legal interpretation is intense. A standard critique of so-called originalism and textualism is that such methodologies are not neutral or objective; rather, they must implicitly rely on unstated norms. This critique is usually put forth by non-textualists. But their critique, that is, the critique put forward by non-textualists, equally applies to their preferred modes of interpretation, as it must apply to all methods of interpretation.

Keep reading Non-Textualism and the Duck Season-Rabbit Season Dramaturgical Dyad: A Response to Professor Cass Sunstein