Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2013 Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras James J. Brudney Fordham University School of Law,
[email protected] Lawrence Baum The Ohio State University,
[email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Courts Commons, Judges Commons, and the Legal History Commons Recommended Citation James J. Brudney and Lawrence Baum, Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras, 55 Wm. & Mary L. Rev. 483 (2013) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/540 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. OASIS OR MIRAGE: THE SUPREME COURT’S THIRST FOR DICTIONARIES IN THE REHNQUIST AND ROBERTS ERAS JAMES J. BRUDNEY* AND LAWRENCE BAUM** ABSTRACT The Supreme Court’s use of dictionaries, virtually non-existent before 1987, has dramatically increased during the Rehnquist and Roberts Court eras to the point where as many as one-third of statutory decisions invoke dictionary definitions. The increase is linked to the rise of textualism and its intense focus on ordinary meaning. This Article explores the Court’s new dictionary culture in depth from empirical and doctrinal perspectives.