The Plain Language Court

Authors

David A. Strauss, The University of Chicago

Abstract

The Roberts Court, under Chief Justice John Roberts, has demonstrated a strong and consistent commitment to the plain language approach in statutory interpretation. This approach emphasizes interpreting statutes based on their literal text, often without considering legislative history or broader statutory purposes. The Court's decision in Milner v. Department of the Navy exemplifies this trend, where the Court adhered to the plain language of the Freedom of Information Act (FOIA) despite significant policy concerns. This approach has become more unanimous among the justices, reflecting a shift from earlier Courts that were more divided on this method.

Disciplines

Civil Law | Law | Legislation

Recommended Citation

David A. Strauss, The Plain Language Court, 38 Cardozo L. Rev. 651 (2016).
Available at: https://larc.cardozo.yu.edu/clr/vol38/iss2/10