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KGxvi2/04/2019 4:20:51 pm PST

Interesting piece on HuffPo about a progressive movement to fight conservatives in court using textualism in cases.

The Constitutional Accountability Center, founded in 2008 by litigator Doug Kendall, is the central hub for advancing progressive textualist arguments in the courts and to the public. Kendall, who died in 2015, argued that the debate over how judges should interpret the law was over: Textualism, which had largely been embraced by conservatives like the late Justice Antonin Scalia, had won. It was time for progressives to join the fight over the meaning and interpretation of the Constitution, Kendall said.

“Our founding belief was that if progressives spent less time fighting about the method of interpreting the Constitution with conservatives, we could spend more time discussing what the Constitution actually means,” said Brianne Gorod, chief counsel for CAC. “And that that’s a fight that progressives can win.”

Should be interesting to see how this plays out.