FNC’s Turley: Sotomayor, Jackson Suddenly Became Textualists, Developed Opposition to Delegating Power to President

February 21, 2026
4:20 am

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Justices Sonia Sotomayor and Ketanji Brown Jackson, long-time critics of the Supreme Court's textualist turn under the conservative majority, have suddenly discovered the power of sticking to the Constitution's plain text—at least when it suits their agenda. Fox News legal scholar Jonathan Turley highlighted this eyebrow-raising flip-flop on The Ingraham Angle, noting how the duo channeled their inner Scalia and Gorsuch to strike down a lower court's ruling that would've handed the executive branch unchecked authority over billions in student loan forgiveness. Turley called it funny, but it's more like a masterclass in selective originalism: when progressive policy dreams are on the line, textualism is the enemy; when it reins in an overreaching president (even a Democrat like Biden), it's suddenly gospel. This isn't just courtroom theater—it's a seismic shift with massive ripple effects for the Second Amendment community. Remember, the same justices who decried textualism in Bruen (where the Court finally enforced the plain meaning of shall not be infringed to strike down New York's concealed carry restrictions) are now wielding it like a scalpel against administrative overreach. Sotomayor and Jackson's dissent in Bruen railed against history and tradition as arbitrary, yet here they are, opposing Chevron-style deference that lets unelected bureaucrats rewrite laws. If they're serious about limiting delegated power now, it could foreshadow cracks in their armor on ATF rulemakings—like the pistol brace ban or forced serialization of gun parts—where agencies stretch statutes beyond recognition. Imagine textualism applied consistently: no more assault weapon redefinitions via executive fiat. For 2A advocates, this is a golden opportunity to press the irony. Turley's observation exposes the hypocrisy that textualism isn't ideology; it's fidelity to the document that enshrines our rights. As Biden's loan gambit crumbles (again), watch for gun controllers to cry foul when the same logic guts their regulatory empire. The Court’s 6-3 majority has already shown the way in Bruen and Rahimi—now, even the left's textualist epiphany might accelerate the dismantling of the administrative state’s gun-grabbing machinery. Stay vigilant; this could be the precedent that keeps infringements at bay.

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Justices Sonia Sotomayor and Ketanji Brown Jackson, long-time critics of the Supreme Court’s textualist turn under the conservative majority, have suddenly discovered the power of sticking to the Constitution’s plain text—at least when it suits their agenda. Fox News legal scholar Jonathan Turley highlighted this eyebrow-raising flip-flop on The Ingraham Angle, noting how the duo channeled their inner Scalia and Gorsuch to strike down a lower court’s ruling that would’ve handed the executive branch unchecked authority over billions in student loan forgiveness. Turley called it funny, but it’s more like a masterclass in selective originalism: when progressive policy dreams are on the line, textualism is the enemy; when it reins in an overreaching president (even a Democrat like Biden), it’s suddenly gospel.

This isn’t just courtroom theater—it’s a seismic shift with massive ripple effects for the Second Amendment community. Remember, the same justices who decried textualism in Bruen (where the Court finally enforced the plain meaning of shall not be infringed to strike down New York’s concealed carry restrictions) are now wielding it like a scalpel against administrative overreach. Sotomayor and Jackson’s dissent in Bruen railed against history and tradition as arbitrary, yet here they are, opposing Chevron-style deference that lets unelected bureaucrats rewrite laws. If they’re serious about limiting delegated power now, it could foreshadow cracks in their armor on ATF rulemakings—like the pistol brace ban or forced serialization of gun parts—where agencies stretch statutes beyond recognition. Imagine textualism applied consistently: no more assault weapon redefinitions via executive fiat.

For 2A advocates, this is a golden opportunity to press the irony. Turley’s observation exposes the hypocrisy that textualism isn’t ideology; it’s fidelity to the document that enshrines our rights. As Biden’s loan gambit crumbles (again), watch for gun controllers to cry foul when the same logic guts their regulatory empire. The Court’s 6-3 majority has already shown the way in Bruen and Rahimi—now, even the left’s textualist epiphany might accelerate the dismantling of the administrative state’s gun-grabbing machinery. Stay vigilant; this could be the precedent that keeps infringements at bay.

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