LyrArc Article Gist
Textualism or strict interpretation of the Constitution word for word may be back but one can never be sure. No sooner is one decision made in a certain direction with a particular approach to the law whether it be textualism or something else it then comes up for rethinking a few years later, under a different approach to the law or from a new angle. This is the law practiced in most British style courts of law including the US.  Former Justice Breyer of the US Supreme Court replaced by his law clerk Ketanji Jackson, is interviewed by NYT's Adam Liptak. Today so much is written about Breyer as a non textualist, and Gorsuch, Kavanaugh recent additions to the Court as textualist or strict interpreters of the Constitution based on when it was written with what intent. Yet as thinking individuals who like the rest of the American people grow in their understanding all Justices cannot be categorized  in this way. Breyer says he worked with retired Justices Kennedy and Souter and found them to be willing and keen on hearing all angles. Then it has to be said that both Kavanaugh and Gorsuch were law clerks for Kennedy. Much of American law at the highest court actually is no better than any other human creation - it tries to approximate as best one can the people of the US. Sotomayor coming from Puerto Rican descent, Ketanji Jackson from minority black, Kavanaugh and Gorsuch from Georgetown preparatory schools where Kavanaugh's paternal grandfather attended Yale something even JFK could not claim, Chief Justice Roberts coming from a company professional type background, Barrett a professor at a Catholic university, Kagan with a Bostonian JFK style background, Alito old Italian and Clarence old minority black background.

Breyer retired recently to make way for a younger judge, Judge Ketanji Jackson who was law clerk to Breyer. Breyer is writing a new book which he hopes the conservatives on the Supreme Court will read- Justices Kavanaugh, Barrett and Gorsuch. The book coming out March 26 has the title- Reading the Constitution- Why I Chose Pragmatism not Textualism. He hope these Justices will read the book and say their colleague was making sense, would say that it was not a bad point.