Well, making due allowance for the differences between US and UK law, and expressing myself with appropriate lawyerly caution, these "conservative legal scholars" must be morons.

Because here in the UK we have an interpretative rule summed up in the phrase "The Act is always speaking" (rather delphic, that, I admit) which in substance means exactly what Roberts has said. I suspect the US has exactly the same rule too.

Any other approach is pure fantasy for reaosn that are too obvious to be worth stating.

Reply