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Lawyers Planet Blog

The petition of the day is: New York v. Environmental Protection Agency 17-418 Issues: (1) Whether the Environmental Protection Agency’s Water Transfers Rule conflicts with the plain meaning of the Clear Water Act by concluding that a water transfer’s introduction of pollutants to a navigable water body is...

Originalism is a two-way street. Judges wishing to interpret the Constitution in accordance with its original public meaning must not import into their decisions policy proscriptions not actually derived from the text and structure of that document. Just as important is that textualism and originalism...