1. “I view myself as a good textualist,” Justice Elena Kagan said, hitching up an eyebrow at the argument that Congress meant to exclude bump stocks from its machine gun ban. “But textualism is not inconsistent with common sense.”
  2. Note: the article provides a link to the amicus brief Michael Luttig warns justices against taking 'off-ramp' on Trump eligibility The amicus brief from the conservative former judge and others makes "textualist" points to a Supreme Court that claims to care about a strict reading
  3. SCOTUS Won’t Hear This

    It will be appealed to SCOTUS, which won’t hear it in time for a ruling to have an impact and Trump will be on the CO primary ballot in March. If SCOTUS hears it in time to rule (again, unlikely), we could get a useful ruling on whether the language of 14AS3 applies to the Preside
  4. I preview my remarks for today's Practicing Law Institute 25th Annual Supreme Court Term Review, with a focus on the triumph--and emptiness--of textualism:.