Cass R. Sunstein, Columnist

Judge Barrett and the Duck-Rabbit Test

What a “texturalist” sees in the law can often come down to political and moral preconceptions.

October 9, 2020 at 1:00 PM UTC

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

What would a “textualist” mean for the high court? — What would a “textualist” mean for the high court?
Photographer: Manuel Balce Ceneta-Pool/Getty Images

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Have a look, if you would, at this image:

Is it a duck, or is it a rabbit? Many people see it as a duck; many others see it as a rabbit. You might see it as one and then as the other, maybe with some effort.