things trumps overlooked trump ketanji ruling afpis chaos implications national super isnt explains case theyre amy idea states originalism independent reconstruction ivf sex protecting rahimi escape washington alternative social saving

Articles for Originalism, search results for public

Amy Coney Barrett Sounds Fed Up with Clarence Thomas’ Sloppy Originalism
6 months, 1 week ago

Amy Coney Barrett Sounds Fed Up with Clarence Thomas’ Sloppy Originalism

Slate  

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. What’s remarkable is who seized on this squabble over intellectual property to launch a scathing salvo against the conservative majority’s “laser-like focus” on “supposed history and tradition”: Justice Amy Coney Barrett, a conservative who presented as a true believer in originalism when joining …

History Opinion Historical Court Trademark Constitutional Courts
The alternative to originalism we ought to pursue is inclusive constitutionalism.
7 months, 2 weeks ago

The alternative to originalism we ought to pursue is inclusive constitutionalism.

Slate  

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Yet the Supreme Court expressly rejected that very idea in May 1954 when it decided Brown v. Board of Education and recognized racially segregated schools as unconstitutional: “We cannot turn the clock back to 1868,” the court wrote with reference to …

Court Reconstruction Meaning Inclusive Supreme Amendments Originalism
Why Ketanji Brown Jackson’s attempt to save originalism isn’t working.
7 months, 2 weeks ago

Why Ketanji Brown Jackson’s attempt to save originalism isn’t working.

Slate  

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Kagan, however, came to regret that quip after watching her conservative colleagues implement a series of GOP policy preferences in the name of applying the Constitution’s “original” meaning, which is what originalism claims to be. In both, she delivered: The justice …

Women Constitution Court Rights Congress Conservative Amendment
Dahlia Lithwick explains how originalism took over the courts and dictates the law on guns, abortion, and more.
7 months, 2 weeks ago

Dahlia Lithwick explains how originalism took over the courts and dictates the law on guns, abortion, and more.

Slate  

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. And that’s because the whole nation is currently lashed to a small, stupid, perpetually changing theory of legal interpretation variously known as “originalism,” or “textualism,” or “original public meaning,” or “history and tradition.” A theory that is—unless you were born in …

Law History Supreme Court Judges Court Trump Constitutional
Phony Originalism Could Cost Florida Women Their Abortion Rights
11 months, 1 week ago

Phony Originalism Could Cost Florida Women Their Abortion Rights

Slate  

A challenge to Florida’s stringent abortion regime is currently before the conservative Supreme Court of Florida. Sounding a similar note, there is an article from the Sept. 23 edition of the Sun-Sentinel, also in south Florida, reporting : “Kunst said the amendment will give backing to court challenges of issues such as prostitution, gun control, abortion rights and others when …

Abortion Privacy Court Rights Privacy Rights Miami Right