Cardozo Law Review
Abstract
The article examines Chief Justice John Roberts' approach to statutory interpretation, characterizing it as a form of "Burkean minimalism." This approach prioritizes judicial restraint, avoiding disruptive outcomes and maintaining stability in the law, even if it requires departing from the plain meaning of statutory text. Roberts' decisions often reflect a pragmatic willingness to reinterpret statutes to prevent significant disruptions, uphold legislative enactments, and preserve constitutional harmony, rather than adhering strictly to textualist or doctrinal purity.
Disciplines
Courts | Health Law and Policy | Law | Legislation | Supreme Court of the United States
Recommended Citation
Jonathan H. Adler,
Anti-Disruption Statutory Construction,
38
Cardozo L. Rev.
509
(2016).
Available at:
https://larc.cardozo.yu.edu/clr/vol38/iss2/4
Included in
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