Opinion
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Legislative history lives on – in secret

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Rumors of the textualist triumph over legislative history have been greatly ...
Major Questions is a recurring series by Adam White, which analyzes the court’s approach to administrative law, agencies, and the lower courts. Does legislative history have a future in judicial ...
Does legislative history have a future in judicial opinions? For the first time in a long time, it seems so. For decades, the rise of textualism was accompanied by the decline of judicial reliance on ...