Publication Date
5-2024
Document Type
Comment
Abstract
In the field of statutory interpretation, textualism has emerged as a foundational doctrine, emphasizing the supremacy of the statutory text. Among the courts that have fully embraced textualism in recent years is the United States Court of Appeals for the Eleventh Circuit. Although the Eleventh Circuit previously favored a purpose-based approach to statutory interpretation, the court’s opinions now broadly align with the common textualist principles advocated by Justice Scalia and Justice Thomas, consistently emphasizing that the starting point in statutory interpretation is the text itself. Through an examination of the Eleventh Circuit’s textualist methodology, this Comment argues that the court’s embrace of textualism has had a positive impact on its statutory jurisprudence, providing the court with objective tools for resolving statutory cases and a principled approach that elevates the words enacted by Congress over the subjective, normative values held by judges.
Recommended Citation
Greenway, Stephen J. Jr.
(2024)
"Starting with the Text: Textualist Interpretation at the Eleventh Circuit,"
Mercer Law Review: Vol. 75:
No.
4, Article 13.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol75/iss4/13