Nielsen v. Preap, the Futility of Strict Textualism, and the Case for Universalism in Judging

20 Scribes J. of Legal Writing 51 (2021–2022)

18 Pages Posted: 30 Nov 2022

Date Written: April 4, 2022

Abstract

This article breaks down the arguments in the named U.S. Supreme Court case, sets them side by side, and shows that deep textual analysis did not yield a clear outcome—although the majority said that it did. Only the minority opinion brought to bear a full range of legitimate considerations, including the values that are part of the American legal system. The article argues for universalism in judging and describes the case as a “shining example of the narrow-mindedness of textualism."

Keywords: textualism, universalism, judging, judicial interpretation, ambiguity

JEL Classification: K40

Suggested Citation

Kimble, Joseph, Nielsen v. Preap, the Futility of Strict Textualism, and the Case for Universalism in Judging (April 4, 2022). 20 Scribes J. of Legal Writing 51 (2021–2022), Available at SSRN: https://ssrn.com/abstract=4281116

Joseph Kimble (Contact Author)

Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States

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