Debt textualism and creditor-on-creditor violence: A modest plea to keep the faith

When Justice Kagan first made the now-infamous proclamation above, constitutional interpretation was no doubt her principal target. Judges, policy-makers, academics, and commentators of all stripes were embroiled in a decades-long battle over whether, when, and to what degree constitutional reasonin...

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Bibliographic Details
Published in:University of Pennsylvania law review 2023-07, Vol.171 (7), p.1975-2023
Main Authors: Talley, Eric L, Pandya, Sneha
Format: Article
Language:English
Subjects:
Analysis
Attitudes
Constitutional law
Contracts
Covenants
Criticism, Textual
Debt
Debt financing (Corporations)
Debtor and creditor
External debt relief
Faith
Forecasts and trends
Good faith (Law)
Insolvency
Judges
Judicial power
Law
Laws, regulations and rules
Legislative power
Leveraged buyouts
Methodology
Private equity
Violence
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Summary:When Justice Kagan first made the now-infamous proclamation above, constitutional interpretation was no doubt her principal target. Judges, policy-makers, academics, and commentators of all stripes were embroiled in a decades-long battle over whether, when, and to what degree constitutional reasoning reaches beyond the text of the document. Champions of textualism happily savored this moment of victory: to its proponents, the late Justice Antonin Scalia notably among them, Justice Kagan's proclamation was tantamount to capitulation. Textualism had not only entered the front stage of constitutional interpretation; it was now the headliner.
ISSN:0041-9907
1942-8537