Another Republican Judicial Fumble — And How To Get Justice on the Supreme Court

In the most indelible statement of his presidency, Bill Clinton said, "It depends on what the meaning of the word 'is' is." In that succinct sentence, Clinton unintentionally summed up the ambiguity of the legal philosophy called textualism. Textualism has long been thought to be a twin to originalism, an intellectually rigorous means of limiting judicial activism and radical innovation from the bench.

In the most indelible statement of his presidency, Bill Clinton said, "It depends on what the meaning of the word 'is' is." In that succinct sentence, Clinton unintentionally summed up the ambiguity of the legal philosophy called textualism. Textualism has long been thought to be a twin to originalism, an intellectually rigorous means of limiting judicial activism and radical innovation from the bench.…