Thread by @JoshMBlackman

I read this footnote in Jam quickly and saw Owen Roberts. #SCOTUS

2/ #SCOTUS also found a Privileges or Immunities Clause that is relevant to American law. Regrettably, it was enacted by the United Nations, not the Reconstruction Congress

3/ The Jam dissent is #Peak Breyer: #SCOTUS should focus "more heavily" on "the statute’s history, its context, its purposes, and its consequences," rather than its text. And it's a statute concerning international law. Once again, he rejects statutory originalism.

4/ J. Breyer also dismisses a statutory canon as "at most a rule of thumb." Breyer writes, "Language alone cannot resolve the statute’s linguistic ambiguity." I am often sad that I cannot see how J. Scalia would respond to a majority opinion. Today is such a day. #SCOTUS