This Note will apply Judge Kavanaugh’s proposed mechanism to the interpretation of the Title IX prohibition of discrimination on the basis of sex. Part I discusses recent cases decided by the Roberts Court that demonstrate the difficulties with the current jurisprudential approach to the clarity versus ambiguity determination. Part II explores Judge Kavanaugh’s recent proposal for reducing threshold findings of ambiguity. Part III considers various interpretive methods and applies Judge Kavanaugh’s proposal in the context of Title IX. Finally, this Note concludes that Judge Kavanaugh’s approach, while most dramatically transforming the purposivist approach, also has consequences for the textualist inquiry.
Meredith A. Holland,
The Ambiguous Ambiguity Inquiry: Seeking to Clarify Judicial Determinations of Clarity Versus Ambiguity in Statutory Interpretation,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol93/iss3/9