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Originalism counts for little if justices can brush aside the historical evidence because it is inconvenient.
Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. “Original public meaning” has become th...
Clarence Thomas’ 34-year Supreme Court tenure has given originalism time to mature — from slogan to method and from method to law.
Supreme Court Chief Justice John Roberts’ “same Constitution” line during Wednesday’s oral arguments over birthright citizenship at first sounded like a defense of originalism. But...
What is a Robertsism? It's a term I like to use to describe memorable quotes from Chief Justice John Roberts that infuriate the right and leave one wondering whether Roberts really...
The allegiance reading has no basis in the historical usage of this language in American law
It is often useful to consult the original source.
Robert Doar explores the continuing impact of one of the US Supreme Court’s most significant justices. Ten years on, the constitutional jurisprudence that Justice Scalia spent his...
As a sitting U.S. Supreme Court justice, Justice Neil Gorsuch has distinguished himself as one of the nation’s foremost originalists in constitutional interpretation, seeking the o...
Whereas Thomas plants the beacon on where SCOTUS should be on an issue, Alito is willing to stake out a milder position to help get it there over time.
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