From voting rights to guns to abortion, the Supreme Court originalist majority has caused chaos.
8 months ago

From voting rights to guns to abortion, the Supreme Court originalist majority has caused chaos.

Slate  

Get your tickets for Amicus Live in Washington DC here. This week they’re trying to understand the mechanisms of what Professor Saul Cornell calls “the originalism industrial complex” and how those mechanisms plug into the highest court in the land. They’re also asking how and why liberals failed to find an effective answer to originalism, even as the various “originalist” ways of deciding who’s history counts, what constitutional law counts, which people count, were supercharged by Trump’s SCOTUS picks. In 2022, the US Supreme Court’s originalism binge ran roughshod over precedent and unleashed Dobbs and Bruen on the American people - Mark and Dahlia talk to a state Supreme Court justice about what it’s like trying to apply the law amid these constitutional earthquakes. Dahlia’s book Lady Justice: Women, the Law, and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.

History of this topic

The U.S. Supreme Court’s dangerous myth-making: The origins of originalism.
8 months, 1 week ago

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