Justice Barrett v. Justice Jackson On Textualism
The article discusses the debate between Justice Barrett and Justice Jackson on textualism, a legal philosophy that emphasizes the importance of the text of a statute in interpreting its meaning. Justice Jackson argues that textualists should consider legislative history, while Justice Barrett disagrees, citing the potential for judges to impose their own preferences. The debate highlights the ongoing discussion among justices about the role of legislative history in statutory interpretation.
- ▪Justice Jackson is reinvigorating the reliance on legislative history in statutory interpretation, citing the work of Professors Abbe Gluck and Lisa Bressman.
- ▪Justice Barrett's majority opinion in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. rejected the use of legislative history in interpreting the Investment Company Act.
- ▪Justice Jackson's approach to textualism is consistent with her broader framing of judicial restraint, which emphasizes the importance of deferring to Congress's intent.
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| Original publisher | Reason.com |
| Canonical URL | https://reason.com/volokh/2026/06/14/justice-barrett-v-justice-jackson-on-textualism/ |
| Publication time | Sun, 14 Jun 2026 21:45:21 +0000 |
| Retrieval time | 2026-06-14T22:13:02.218Z |
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Opening excerpt (first ~120 words) tap to expand
Justice Barrett v. Justice Jackson On Textualism Textualists cannot rest on Justice Scalia’s laurels. They need to address modern criticisms. Josh Blackman | 6.14.2026 5:45 PM Anyone who went to law school over the past three decades should be familiar with the arguments for and against the use of legislative history. Justice Scalia made it his mission to remind everyone, at every opportunity, why legislative history should not be cited. Justice Scalia would often dissent from any part of an opinion that cited legislative history. To this day, Justices who cite legislative history will say something to the effect of "For those who find legislative history useful," as if they are ashamed to rely on it.
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