A misinformed idea underlies much of the work of John Roberts’s Supreme Court.
originalism
Posted inBooks
Constitution in Progress
The most revolutionary part of our founding document is its capacity for change.
Posted inCollege Guide
The Origin of Specious
Originalism, the school of constitutional interpretation currently modish among conservative lawyers and judges, is not so much an idea as a legal-industrial complex divided into three parts—the academic, the jurisprudential, and the political. In its first part, originalism is an academic pursuit, one that a large number of law scholars have embraced with gusto. A […]
Posted inLaw and Justice
Jamie Raskin’s Battleplan for Liberals in the War Over the Constitution
Jamie Raskin’s Battleplan for Liberals in the War Over the Constitution and the Courts. The Democratic Congressman has an originalist vision that is more persuasive than the legally spurious one the Right offers.
Posted inLaw and Justice
The Supreme Court’s Originalist Obsession Continues
The Court’s conservative majority is enthralled with originalism, but it’s really a license for Alito, Thomas, and others to trample abortion rights and unleash guns.
Posted inLaw and Justice
The Supreme Court and the Originalist Fallacy
As the Court’s conservative majority readies opinions on abortion and guns, they cling to the idea that we can know what the Founders meant. It’s not that simple.
