Trump v. Cook · ¶52

The Government (joined by JUSTICE THOMAS) resists even this minimal process. It contends that we may not “read atextual requirements into statutes” and instead must focus only on “the plain language.” Supp. Brief for Applicant 7 (internal quotation marks omitted). It is hardly atextual, however, to read text in context, or to examine how this Court interpreted such language at the time of the statute’s enactment. If anything, it would be atextual to do otherwise.

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