Justice Barrett v. Justice Jackson On Textualism

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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