two years ago marked a “deeply regressive feature” of the approach to law taken by the high court’s Republican-appointed majority, according to his new book.
Textualism and originalism are considered methodologies for interpreting statutes and the Constitution by some justices on the court that were spearheaded by jurists such as the late Justice Antonin Scalia and other Republican-appointed legal figures such as Edwin Meese and Robert Bork. Textualism typically demands a strict interpretation of the language of the Constitution, while originalism commands adherence to history.
Breyer wrote in the “face of this progress” from women gaining the right to vote in 1920 to the “right to an abortion” following the 1973decision, “originalism would limit the kinds of liberty interest cognizable under the Fourteenth Amendment to those contemplated by men who existed in a time when women were not considered to have a legal identity separate from their husbands.”
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