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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...
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...
Clarence Thomas’ 34-year Supreme Court tenure has given originalism time to mature — from slogan to method and from method to law.
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
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...
Originalists' protest against birthright citizenship today rings hollow if they don’t also agree with the writers of the Constitution to allow everyone a musket -- provided they ar...
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