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Differing Theories of Statutory Interpretation

Learn about different theories of, and approaches to, statutory interpretation.


I. Introduction

When Ketanji Brown Jackson joined the Supreme Court in 2022, she became the one hundred and sixteenth justice in the history of that court. And all the justices have had different ideas about statutory and constitutional interpretation. Most of those ideas and philosophies fall into one of a few broad schools of thought about textual interpretation. And over the course of a career, a judge or justice may embrace more than one particular school. Different cases sometimes call...