Russell Epstein
@russellepstein.bsky.social
370 followers
260 following
49 posts
Cognitive neuroscientist at UPenn. Interested in scenes, memory, space. Occasionally thinks about other things.
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Reposted by Russell Epstein
Reposted by Russell Epstein
Mueller, She Wrote
@muellershewrote.com
· Jun 22
![The majority’s contention that I reject “ ‘pure textualism’ [a]s insufficiently pliable to secure the result [I] seek,” ante, at 10, stems from an
unfortunate misunderstanding of the judicial role. Our interpretative
task is not to seek our own desired results (whatever they may be). And,
indeed, it is precisely because of this solemn duty that, in my view, it is
imperative that we interpret statutes consistent with all relevant indicia
of what Congress wanted, as best we can ascertain its intent. A methodology that includes consideration of Congress’s aims does exactly that—
and no more. By contrast, pure textualism’s refusal to try to understand
the text of a statute in the larger context of what Congress sought to
achieve turns the interpretive task into a potent weapon for advancing
judicial policy preferences. By “finding” answers in ambiguous text, and
not bothering to consider whether those answers align with other sources
of statutory meaning, pure textualists can easily disguise their own preferences as “textual” inevitabilities. So, really, far from being “insufficiently pliable,” I think pure textualism is incessantly malleable—that’s
its primary problem—and, indeed, it is certainly somehow always flexible enough to secure the majority’s desired outcome.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreih3qdtlloz3yhggypbtwiveqdgzzfgapsnetvq7qsni7wfmyuovoi@jpeg)
Reposted by Russell Epstein
David Roberts
@volts.wtf
· May 23