Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...
Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the theory that government officials, including judges, are bound by the original meaning of ...
Originalism has become the predominant form of constitutional interpretation in the Supreme Court, a rebuttal to the notion that the Constitution is a living document whose meaning evolves with the ...
How is traditionalism similar to and different from originalism? And how does it relate to what some originalists call "liquidation"? These questions are complicated by the capaciousness of ...
A string of recent election results — including the Kansas abortion amendment and special elections for House seats in New York and Alaska — make it clear that the Supreme Court’s decision overturning ...
During MSNBC's "Why is This Happening?" podcast Tuesday, a law professor told host Chris Hayes the Founding Fathers "don't represent us in any meaningful way" and that originalism - the concept that ...
This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...
Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...
Many oppose the nomination of Neil Gorsuch to the Supreme Court because, as one Washington Post headline trumpeted, he favors "big business, big donors and big bosses." While I agree that the values ...
The presupposition behind many questions during Neil Gorsuch's confirmation hearing on March 22, 2017, was that by taking the originalist approach, one hasn't evolved, and is stuck in 1788. Gorsuch ...
Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...
Halligan’s ‘Correction’ of the Record Sparks More Intrigue About Comey Indictment Newsom’s Prop 50 Could Be at Risk Thanks to Texas Judges The Global Warming Panic Is Subsiding Going Nuclear Is ...
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