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When the Zeitgeist Challenges the Constitution – James R. Rogers

Summary by Law & Liberty
My Law & Liberty colleague John McGinnis observed regarding Stephen Breyer’s 2024 book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, that one need not “be a rigid textualist” to conclude Breyer’s theory of statutory and constitutional interpretation “ultimately unpersuasive.” McGinnis’s point is entirely correct. But the deeper irony of Stephen Breyer’s “pragmatic” approach to legal interpretation is that one could fully acc…
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