I'm no fan of textualism but I don't think it had much to do with this case.
SCOTUS didn't have much to work with aside from level of scrutiny. They defer to Congress regarding national security.
That’s actually my point. I don’t think strict textualism really has anything to do with any case. As soon as you say it’s the rule of law that drives every case, you find yourself somehow interpreting an awful lot.
That’s actually my point. I don’t think strict textualism really has anything to do with any case. As soon as you say it’s the rule of law that drives every case, you find yourself somehow interpreting an awful lot.