This is a case where originalism and textualism, both conservative legal theories that often lead to similar results, clash.

A textualist would say that Congress’s intent does not matter and should not matter. An originalist would say intent is of overriding importance.

Given that Roberts is well known as a textualist, we are left to wonder what role he will play in the coming years. If anything, he seems to have just signaled that ideology is less important to him than practicality.

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