Justice Jackson reignites the interpretation wars, adding to textualism’s emerging cracks

Justice Jackson reignites the interpretation wars, adding to textualism’s emerging cracks

Justice Ketanji Brown Jackson may be starting a statutory-interpretation revolution.Jackson’s third full term was a doozy of separate opinions. Notably, a series of those opinions were written specifically to protest the majority’s refusal to consult legislative history in statutory cases – the first shots in a methodological battle along lines not seen in more than a decade. Legislative history includes materials produced by Congress during the…

Justice Jackson Dominates Supreme Court Arguments in 2025-26

Justice Ketanji Brown Jackson spoke 75,286 words across 58 oral arguments between October 2025 and the end of April 2026, nearly 22 percent of every word uttered by all nine justices from the bench. The next closest justice, Sonia Sotomayor, accounted for just 14.84 percent. No other member of the Court came close. Those numbers come from a Washington Examiner review of Supreme Court oral argument transcripts covering the full run of arguments t…