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In the 1980s, he started a movement to restore the Constitution to judging. It has come a long way.
The conservative justices see 'originalism' as a guiding principle to prevent judges from changing the Constitution to adjust to changing times. But that flipped this year.
Textualists cannot rest on Justice Scalia’s laurels. They need to address modern criticisms.
For decades, political conservatives have been clamoring for “originalist” and “textualist” interpretations of the U.S. Constitution because they want to conserve the frozen-in-tim...
Clarence Thomas’ 34-year Supreme Court tenure has given originalism time to mature — from slogan to method and from method to law.
Justice Ketanji Brown Jackson may be starting a statutory-interpretation revolution.Jackson’s third full term was a doozy of separate opinions. Notably, a series of those opinions...
The chief justice wholly failed to explain how his flawed originalist methodology supported birthright citizenship for the children of illegal aliens or temporary visitors.
During this 250th anniversary of independence, Americans are presented with a familiar narrative—one grounded more in national myth than historical reality. It goes something like...
Chief Justice John Roberts begins the Supreme Court’s birthright citizenship opinion in Westminster in 1608 with Calvin’s Case and the English law of royal subjectship.I would begi...
“A bare majority of five justices, in an opinion written by Chief Justice John Roberts, held that the long-settled understanding of the 14th Amendment, adopted after the Civil War,...
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