Browse Issues Search Articles Submissions About the Journal Copyright Fixation Podcast Subscribe Go back to Issues COPYRIGHT AND THE LIMITS OF TEXTUALISM Citation: 68 J. COPYRIGHT SOC’Y, 483, (2021) Thomas Hemnes Introduction I begin with a confession. When Amy Coney Barrett was nominated to the Supreme Court I thought of her as Church Lady from Saturday Night Live, expecting to find in her writings a strident ideologue completely unsuited to assume Ruth Bader Ginsburg’s seat on the Supreme Court. Instead, I found a person of intelligence and wit, willing to reconsider the validity of the textualist creed that brought her to eminence in such circles as the Federalist Society. Better yet, she could write! Antonin Scalia, another master of English prose with whom I profoundly disagree, was clearly onto something when he chose her as a clerk and acolyte. And, as a Recovering Catholic myself, notwithstanding that she is a practicing one, I couldn’t help but sense a kinship with her theological worldview and its dedication to first principles, tempered by a Jesuitical facility in amending first principles when they collide with reality. Full Article cpy_68-3 Copyright and the Limits of TextualismDownload Related Content Event Jan 7 Copyright and Immersive Experiences: Navigating Registration Challenges at the U.S. Copyright Office Immersive media experiences blend technology, interactivity, and creative expression in ways that challenge traditional copyright registration practice. This panel will… Live CLE Credit Foundational Copyright Ideas Video Nov 12, 2025 Getting Your Arms Around the Public Domain: What to Know As Another Year's Worth of Content Becomes Available November 12 @ 1:00 pm - 2:00 pm ET Getting ready to field public domain questions in the new year?… CLE Credit AI & Copyright Creativity & Technology Collide Foundational Copyright Ideas Video Oct 29, 2025 Software Copyright Registration Challenges: Making the Best of a Difficult Situation The panel will discuss the difficulties in obtaining enforceable copyright registrations for computer source code, including version identification, identification and… Foundational Copyright Ideas