Judge Garland Does Not Adhere To The Methodology That Justice Antonin Scalia Employed
By Ammoland
An Analysis Of The Case NRA Vs. Reno
By Roger J. Katz, Attoney at Law and Stephen L. D’Andrilli
New York, NY -(Ammoland.com)- U.S. Supreme Court Justice Antonin Scalia always adhered to the principle that, when interpreting a Statute, a Judge should look first and foremost to the language of the Statute itself and not attempt to go beyond the language of a Statute in order to decipher its meaning or to force a particular meaning onto a Statute.
This is the principle referred to as ‘textualism,’ and Justice Scalia was a fervent proponent of it.
He was, as well, instrumental in its development during his own tenure as Judge on the United States Court of Appeals for the District of Columbia Circuit. He further developed and refined its use when he was confirmed as a U.S. Supreme Court Justice. Other Justices began to employ it in their own reasoning.
Justice Scalia saw, in the utilization of ‘textualism,’ a tool that guards against a Judge inadvertently, or, for that matter, deliberately thrusting that Judge’s personal judicial predilections on a case in order to force through a conclusion and …Read the Rest
Source:: AmmoLand
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