Textualism, Surplusage, and Discretionary Sentencing

This chapter explores the use of textualism in court, discussing Justice Sam Alito's focus on 'and' meaning 'or' and the hope that textualist justices will adhere to their approach. It delves into the canon against surplusage and its implications for federal sentencing, highlighting the importance of not interpreting statutes in a way that renders parts of it unnecessary. The chapter also touches on discretionary sentencing and its role in tailoring sentences to fit the offense and defendant.