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- Title
Rationalizing "Absurdity".
- Authors
JIM HUANG
- Abstract
Critiqued as a blank check for judicial intervention, the absurdity canon has been all but abandoned by modern textualists. But this Note argues that its total dismissal is unwarranted. By dissecting the multiple meanings of "absurdity," this Note reframes the absurdity canon as a form of constitutional avoidance. Properly understood, the absurdity canon enforces constitutional values of rationality embedded in the Equal Protection Clause. This conception should have broad appeal to both textualists and nontextualists alike, calibrating judicial deference with traditional rule-of-law values.
- Subjects
ABSURD (Philosophy); EQUAL rights; JUDICIAL deference; RULE of law; REASON
- Publication
Yale Law Journal, 2024, Vol 133, Issue 7, p2381
- ISSN
0044-0094
- Publication type
Article