The Lasting Legacy of Antonin Scalia?
Justice Scalia has this view that when Congress passes a law, you read the text of the law, but you don’t read all the legislative history around it. Why? He says that’s often doctored, it’s advocates trying to get their particular views in committee reports. He has won that debate. He has persuaded a majority of the Court to do that.
.. Now, he’s gone further, though, saying, “Just read the text, don’t try to understand the purpose behind the text.” That’s a losing argument. So we’re seeing sometimes Justice Scalia overplaying his hand and reaching results that aren’t going to command a majority of the Court.