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Adam White assesses US Supreme Court Justice Samuel Alito’s approach toward his job. [O]riginalism is the predominant judicial methodology for the Supreme Court, the lower courts,...
Originalism’s position seems unassailable, with both a majority of Supreme Court justices pledging fidelity to some variant of the theory, and tremendous institutional backing with...
The conservative justice seems to favor the kind of results-oriented judging that originalists are supposed to oppose.
His recent Wall Street Journal column on this subject makes some interesting points, but raises more questions than answers.
On the 40th anniversary of Justice Antonin Scalia’s swearing-in, I wanted to reflect on one major aspect of his legacy to the American people. As many SCOTUSblog readers are undoub...
An interpretive method disciplines the decision-making process, but it doesn't free judges of the need to exercise judgment.
A legal realignment has been underway for some years now, in that legal views once associated with the right are now being espoused by the left, and vice versa. This post explores...
Donald B. Tobin (Maryland) & Alex Tobin (Lippman & Ouellette, New Haven), Living Constitutionalism, Originalism, and the Sixteenth Amendment, 77 Ala. L. Rev. 511 (2026): Th...
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