| 单词 | originalism |
| 例句 | What he's addressing is the Constitution as a living document, which we interpret not according to the intent of the Framers — he's no fan of originalism — but rather through the filter of the present day. 'The Second Amendment' is a smart history of guns and the U.S. 2014-05-23T04:00:00Z “I guess we might be considered a little bit critical of originalism in that sense.” A New Museum of the American Revolution, Warts and All 2017-04-13T04:00:00Z What these methodologies promise is certitude, which is the argument Scalia makes for originalism: It takes the judgment out of judging. ‘Uncertain Justice’ and ‘Scalia’ 2014-07-02T04:00:00Z Still, there is something about deliberating alongside a man who quotes 19th-century French political writers and can expound on the dangers of originalism in Constitutional interpretation. Justice Stephen G. Breyer Talks About the Pritzker Jury 2011-10-06T09:02:25Z For several generations, the most intense, complex and consequential arguments among conservatives have concerned how to construe the Constitution — the various flavors of textualism and originalism — and the role of courts in society. The Mind of Conservatism 2020-04-01T04:00:00Z More than any individual decision or dissent, the theory of “originalism” is likely to be his lasting mark. ‘Uncertain Justice’ and ‘Scalia’ 2014-07-02T04:00:00Z It objected to the court’s focus on “originalism” and early American history to decide the fate of the nation’s modern gun laws. Supreme Court hears major test of 2nd Amendment gun rights in domestic violence case 2023-11-07T05:00:00Z The vast majority of conservatives, with their alleged constitutional originalism, claim to venerate the founders. Right-wing fake history is making a big comeback — but it never went away 2023-11-04T04:00:00Z Meese made an impassioned declaration that originalism would be the guiding philosophy for the Reagan administration. We don’t talk about Leonard: The man behind the right’s Supreme Court supermajority 2023-10-12T04:00:00Z The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution’s original meaning. A Conservative Case Emerges to Disqualify Trump for His Role on Jan. 6 2023-08-10T04:00:00Z “What each of the individuals I would appoint share is their unwavering dedication to the principles of originalism and commitment to a constitutionalist judicial philosophy,” Mr. Ramaswamy said. Ramaswamy Looks to Supreme Court in Effort to Appeal to Conservatives 2023-07-17T04:00:00Z What many of the more liberal justices have done quite effectively over the past several years is to point out how that "originalism" is very selective on the part of the conservative justices. Thank the Supreme Court for the next big campus battle: Legacy admissions 2023-07-17T04:00:00Z Thomas' selective originalism falls from a tree so gilded by years of opulence that it is rotten. Clarence Thomas and the price of feigned originalism 2023-07-15T04:00:00Z But Justice Jackson’s originalism has an unmistakably progressive orientation, one that takes account of not only the original Constitution but also the three transformative amendments adopted in the wake of the Civil War. In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’ 2023-07-07T04:00:00Z Instead, Judge Thapar writes, “Justice Thomas’s originalism more often favors the ordinary people who come before the court — because the core idea behind originalism is honoring the will of the people.” With High Court Under Fire, a Top Federal Judge Suggests More Sunlight 2023-07-06T04:00:00Z “I wanted to explain originalism to everyday people,” the judge said. New book highlights Justice Clarence Thomas’ originalist focus on people, issues 2023-06-20T04:00:00Z Justice Gorsuch, the first of President Donald J. Trump’s three Supreme Court nominees, is known for his commitment to doctrines like originalism and textualism, which have generally pushed the court to the right. Justice Neil Gorsuch Is a Committed Defender of Tribal Rights 2023-06-15T04:00:00Z Harkening on notions of originalism, she effectively argued that the 13th, 14th, and 15th Amendments were intentionally race-conscious, rebuffing calls for a "race-neutral" reading. Ketanji Brown Jackson stands as the Supreme Court's lone liberal hope 2023-06-12T04:00:00Z “This could mark a new chapter for the court, where we see a real, sustained challenge to the conservative originalism of the current supermajority, equally rooted in text and history.” In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’ 2023-07-07T04:00:00Z His book shows him to be an unabashed defender of Justice Thomas and the legal concept of originalism, both of which he argues are getting a bad rap from critics. With High Court Under Fire, a Top Federal Judge Suggests More Sunlight 2023-07-06T04:00:00Z “He stands for the unflinching commitment to originalism,” said Carrie Severino, president of the Judicial Crisis Network and a former clerk to Justice Thomas. Ethics attacks on Justice Thomas meant to drive him off court, conservatives warn 2023-05-03T04:00:00Z On the court since 1991, Thomas is a deeply conservative jurist known for his "originalism," an approach that seeks to adhere to close readings of the text of the Constitution. Legal experts: Clarence Thomas appears to have violated law with secret luxury trips from GOP donor 2023-04-06T04:00:00Z The Federalist Society had brought the legal doctrines of originalism and textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream. SCOTUS takeover architect Leonard Leo's new group seeks to influence all politics and culture 2023-03-09T05:00:00Z We have long been told by conservative legal scholars that originalism … The case to let children vote: Why law professor Adam Benforado calls for a “minor revolution" 2023-02-11T05:00:00Z “I think originalism is misunderstood, and I think Thomas is the ultimate originalist, so I think maybe he may be the most misunderstood,” Judge Thapar said. With High Court Under Fire, a Top Federal Judge Suggests More Sunlight 2023-07-06T04:00:00Z I think originalism creates an even more profound problem. Opinion | Originalism does not allow laws to improve 2023-02-09T05:00:00Z It is impossible to miss here the gender bias of an "originalism" purely focused on the legal, social and cultural realities of post-colonial America. Phony constitutional "originalism" is likely to kill women after Second Amendment decision 2023-02-07T05:00:00Z There, he became a devotee of Justice Thomas, captivated by his no-holds-barred originalism. William Consovoy Dies at 48; Took Conservative Cases to the Supreme Court 2023-01-12T05:00:00Z That has a lot more substantive legitimacy than originalism ever had, in part because it's forward-looking. The case to let children vote: Why law professor Adam Benforado calls for a “minor revolution" 2023-02-11T05:00:00Z “By cherry-picking his opinions or misrepresenting them, Justice Thomas’s critics claims that his originalism favors the rich over the poor, the strong over the weak and corporations over consumers,” the book says. With High Court Under Fire, a Top Federal Judge Suggests More Sunlight 2023-07-06T04:00:00Z “It would be professional malpractice for any professor of constitutional law not to introduce students to the theory of originalism because that is now ascendant on the court,” Mr. Albert said. Abortion-rights flip has law schools scrambling to rewrite out-of-step constitutional law teachings 2022-12-30T05:00:00Z He also pointed out that there was no racial qualification for citizenship anywhere in the Constitution, thus declaring Taney’s originalism bad history and false law. Was the Civil War Inevitable? 2022-12-21T05:00:00Z But the question with which Ms. Marcus ends her column is, “If originalism is bunk, what is to take its place?” Opinion | Originalists should heed Jefferson’s words 2022-12-07T05:00:00Z He specifically name-checked Justice Clarence Thomas, and said he’d been waiting 20 years to make this kind of argument before the justice, who is a leader in what’s known as originalism. Supreme Court justices skeptical of unchecked state power over federal elections 2022-12-07T05:00:00Z I wrote after the summer camp ruling that this was “originalism as parody.” Opinion | On guns, originalism as insanity 2022-11-17T05:00:00Z Her remarks aligned with originalism, an approach that seeks to interpret the Constitution as it was understood at the time it was adopted. Ketanji Brown Jackson’s Debut 2022-10-16T04:00:00Z Curtis had taken Taney’s uninformed originalism and thrown it in his face. Was the Civil War Inevitable? 2022-12-21T05:00:00Z On Tuesday, during her second day of hearing arguments as a member of the Supreme Court, Justice Jackson demonstrated that she was serious — and that she believes originalism can require liberal outcomes. Justice Jackson Joins the Supreme Court, and the Debate Over Originalism 2022-10-10T04:00:00Z He takes originalism to task for shackling us permanently to decisions made centuries ago. Review | A refreshing argument that democracy can be repaired — by us 2022-09-23T04:00:00Z The 25-page opinion by Counts, a Donald Trump appointee, invoked the language of originalism, the conservative legal theory that judges should interpret the Constitution based on how it was understood when it was adopted. U.S. can’t ban gun sales to people indicted on felony charges, judge says 2022-09-20T04:00:00Z Kagan also criticized a way of interpreting the Constitution favored by some conservatives known as originalism, which focuses upon how the text was understood when it was written. U.S. Supreme Court risks its legitimacy by looking political, Justice Kagan says 2022-09-14T04:00:00Z Then there's the incoherence problem: If originalism is the correct approach, then originalism itself must be written into the Constitution. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z His topic was “originalism and the Catholic intellectual tradition,” and he noted that “originalism has often been thought, correctly or incorrectly, to be associated with conservatism.” Justice Jackson Joins the Supreme Court, and the Debate Over Originalism 2022-10-10T04:00:00Z The 23-page opinion leaned heavily on originalism, the conservative legal theory that judges should interpret the Constitution based on the way it was understood when it was written. Texas can’t bar adults under 21 from carrying handguns, federal judge rules 2022-08-26T04:00:00Z The unanimous opinion in Brown did not really quarrel with the idea that it could not be justified using the tools of originalism. The Abortion Decision, Haunted by Brown v. Board of Education 2022-08-01T04:00:00Z Kagan said that originalism "does not work so well" in part because it is difficult for judges to find definitive legal answers from historical evidence that may support either side. U.S. Supreme Court risks its legitimacy by looking political, Justice Kagan says 2022-09-14T04:00:00Z Chemerinsky explores these and two other problems in five central chapters of his book, while also providing a historical introduction and a discussion of why originalism is attractive to so many conservatives. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Wade, raised a series of questions about the meaning and limits of originalism now that liberal justices have said they embraced it. Justice Jackson Joins the Supreme Court, and the Debate Over Originalism 2022-10-10T04:00:00Z But is the use of the term "originalism" by Scalia and his acolytes itself actually disingenuous? How the Supreme Court's "fauxriginalists" are warping the Constitution 2022-07-29T04:00:00Z The three dissenters responded that Plessy might still be on the books if the court in Brown had been committed to originalism. The Abortion Decision, Haunted by Brown v. Board of Education 2022-08-01T04:00:00Z In addition, Kagan said originalism is "inconsistent" with the way the Constitution was written. U.S. Supreme Court risks its legitimacy by looking political, Justice Kagan says 2022-09-14T04:00:00Z He concludes with a reflection on the dangers that originalism poses to the rights and freedoms that Americans today have come to cherish or, perhaps foolishly, have taken for granted. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Justice Kagan discussed originalism at her own confirmation hearings, in 2010, saying that the framers of the Constitution had different goals in different parts of the document. Justice Jackson Joins the Supreme Court, and the Debate Over Originalism 2022-10-10T04:00:00Z As used by so-called conservatives, "textualism" and "originalism" are tools to muzzle the Constitution's true voice, and prevent it from addressing the issues of our time. How the Supreme Court's "fauxriginalists" are warping the Constitution 2022-07-29T04:00:00Z That method was originalism, which seeks to identify the original meaning of constitutional provisions using the tools of historians. The Abortion Decision, Haunted by Brown v. Board of Education 2022-08-01T04:00:00Z Conservative jurisprudence — again, as advertised — has four pillars: originalism, textualism, traditionalism and judicial restraint. Perspective | There is no conservative legal movement 2022-07-06T04:00:00Z As the title suggests, I think originalism is a very dangerous approach to constitutional law, and in this instance I think it really is worse than nothing. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Together, “originalism” and “strict construction” reflect an effort to invoke the Constitution to tether the country to the past. Opinion | This July Fourth, we’re torn over what we love about our country 2022-07-03T04:00:00Z Given that the overtly anti-federalist Federalist Society was itself disingenuously named, it figures that it would get behind a disingenuous form of originalism. How the Supreme Court's "fauxriginalists" are warping the Constitution 2022-07-29T04:00:00Z This is not how originalism is supposed to work. Opinion | The Supreme Court strikes again — this time at tribal sovereignty 2022-07-01T04:00:00Z Labels such as “judicial modesty,” “judicial restraint” and “originalism” were trashed along with stare decisis. Opinion | Et tu, Alito? Murder of stare decisis creates legal circus maximus. 2022-07-01T04:00:00Z The core of your book lays out five key problems with originalism, but you begin by describing its rise in the first chapter and its allure in the second. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z This is what “originalism” as a doctrine really comes down to. Opinion | This July Fourth, we’re torn over what we love about our country 2022-07-03T04:00:00Z The term was a triumph for the theory of constitutional interpretation known as originalism, which seeks to identify the original meaning of constitutional provisions using the tools of historians. A Transformative Term at the Most Conservative Supreme Court in Nearly a Century 2022-07-01T04:00:00Z They long coalesced around the idea of “originalism” — that justices should interpret the Constitution based on how its writers meant or applied it. Anti-Roe justices a part of Catholicism’s conservative wing 2022-06-30T04:00:00Z Elliot Mincberg, senior fellow at People for the American Way, said the court had devolved into “a unique and extreme form of originalism.” Court rolls back precedent, experimentation in rulings on abortion and guns 2022-06-26T04:00:00Z In large part it was the conservative political movement that drove originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z The court majority’s decisions on gun rights and the ruling a day later on abortion both rely on a philosophy of constitutional interpretation called “originalism.” Guns and abortion: Contradictory decisions, or consistent? 2022-06-25T04:00:00Z The court’s three liberals dissented in all three cases, calling originalism cramped and wooden. A Transformative Term at the Most Conservative Supreme Court in Nearly a Century 2022-07-01T04:00:00Z Some are talking about legislation declaring fetal personhood, and “originalism doesn’t get you there,” he said. Anti-Roe justices a part of Catholicism’s conservative wing 2022-06-30T04:00:00Z Friday’s ruling is a triumph for the doctrine of originalism, with significant consequences for a country with an increasingly diverse and tolerant population. Analysis | The Supreme Court rolls back a right and inflames a divided country 2022-06-24T04:00:00Z The Federalist Society embraced originalism, and nurtured a belief in it. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z True “originalism” recognizes that when the Second Amendment was written, the “arms” that people received the right to bear were single-shot muskets and pistols. Opinion | What the court’s ‘originalists’ can do about guns 2022-06-21T04:00:00Z I've been thinking about those shell games because of the endless, reverent talk of "textualism" and "originalism" by conservative, Federalist Society–approved justices on the Supreme Court. "Originalism" and other Supreme nonsense: How the right-wing justices rationalize mass murder 2022-06-03T04:00:00Z This type of “originalism” is indistinguishable from idiocy. Opinion | After Uvalde, I pray with the grieving — and for bold action on guns 2022-05-26T04:00:00Z Many explanations, including partisanship and the ascendency of the “originalism” approach to interpreting the Constitution, might explain the dramatic shift in the Supreme Court’s approach to health. The Antiscience Supreme Court Is Hurting the Health of Americans 2022-05-17T04:00:00Z But Trump appointed three conservatives, joining conservatives who were already there, and that is causing originalism to be in the ascendancy. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Even these measures stretch “originalism” to apply to weapons and ammunition not envisioned by the authors of the Constitution, and they should mark absolutely as far as we are willing to go beyond original intent. Opinion | What the court’s ‘originalists’ can do about guns 2022-06-21T04:00:00Z In the 2008 Heller decision, which somehow blithely dispensed with the whole "well regulated Militia" thing, and in various of his writings, Scalia outlined the right-wing constitutional interpretation now known as "textualism" or "originalism." "Originalism" and other Supreme nonsense: How the right-wing justices rationalize mass murder 2022-06-03T04:00:00Z This is one reason critics of originalism say the historical understanding doesn’t, or at least shouldn’t, matter. Abortion in the Founders’ era: Violent, chaotic and unregulated 2022-05-15T04:00:00Z Despite his alleged "originalism," however, Alito was quite clear that he feels the opposite is true: If it ain't singled out by name in the Constitution, it's not a right. Life after Roe: Republicans are already targeting the right to a public education 2022-05-05T04:00:00Z Why is originalism worrying, and how does this echo the 19th-century dominance of the legal doctrine known as "formalism"? How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z At a January 2020 Federalist Society event, she called him “the greatest living American” because, she said, he had taken a commitment to originalism, the conservative legal philosophy, to “new heights.” Who ended the travel mask mandate? A vaccine critic, a Florida judge and 2 anxious travelers 2022-04-25T04:00:00Z That clenched-sphincter dodge was then replaced by "textualism" and later "originalism," both of which, more or less, allow a judge just a bit more interpretive leeway. "Originalism" and other Supreme nonsense: How the right-wing justices rationalize mass murder 2022-06-03T04:00:00Z Another factor driving this shift is that liberal legal theorists have come to understand that originalism need not always lead to conservative outcomes. Opinion | Justice Jackson and the power of originalism 2022-04-07T04:00:00Z Senators should not impose an originalism test or a living constitutionalism test or any other crude philosophical standard on judicial nominees. Opinion | Republican excuses for rejecting Ketanji Brown Jackson are absurd 2022-04-03T04:00:00Z Some scholars have persuasively argued that the framers of the Constitution didn't believe in originalism, and therefore if one is to follow the framers' intent or the original understanding, one has to abandon originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Thomas does not mind criticism — for the unbending originalism of his jurisprudence, for his minimal reverence for precedents he considers mistaken, for the company his wife keeps, or for many other things. Opinion | Clarence Thomas and his wife’s texts: A kerfuffle over appearances 2022-04-01T04:00:00Z Whatever this means in practice, it is unlikely to help judges striving to apply the Constitution any more than does originalism as defined above. Opinion | A ‘different approach’ to interpret the Constitution is unlikely to help 2022-04-01T04:00:00Z But if this is a victory for originalism, it is a Pyrrhic victory of epic proportions. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z Mr. Sasse complained that Judge Jackson “refused to claim originalism as her judicial philosophy.” Opinion | Republican excuses for rejecting Ketanji Brown Jackson are absurd 2022-04-03T04:00:00Z You quote from Chief Justice Earl Warren's opinion, which explicitly rejected originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z The focus of conservatives turned to judicial philosophy, particularly the constraints of originalism and textualism. Opinion | The Jackson confirmation hearings show a Republican Party in decay 2022-03-24T04:00:00Z Instead, she seemed comfortable with a form of originalism, embraced by the court’s most conservative members, that means starting with the words of the document as popularly understood at the time of adoption. Ketanji Brown Jackson defends sentencing decisions, says she would recuse from affirmative action case in final contentious day of Senate questions 2022-03-23T04:00:00Z Moreover, the Pyrrhic victory for originalism will be a defeat for the nation at large, diminishing transparency about the real grounds of judicial decisions and exacerbating cynicism about constitutional law. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z In fact, the extent to which she embraced originalism made many liberals uncomfortable. Opinion | Republican excuses for rejecting Ketanji Brown Jackson are absurd 2022-04-03T04:00:00Z They try to state the goal of equal protection at an abstract enough level that Brown becomes permissible — but then originalism becomes indistinguishable from non-originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z To the extent she discussed constitutional interpretation, she appeared to embrace originalism, which relies on the original public meaning of the Constitution at the time of its adoption. By Turns Cautious and Confident, Judge Jackson Takes the Stage 2022-03-22T04:00:00Z Having served as a district court judge and listened directly to the parties’ arguments, she said, “that is a part of the judging responsibility that isn’t really captured by something like originalism or living Constitution.” Ketanji Brown Jackson declares herself a modest jurist, defends record against Republican criticism 2022-03-22T04:00:00Z That flexibility helps to explain how even some progressive, and libertarian, scholars have come to embrace originalism — which was once associated with cultural conservatives. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z That is a philosophy, often labeled originalism, usually associated with conservative-leaning judges. Judge Ketanji Brown Jackson cites originalism as judicial philosophy 2022-03-22T04:00:00Z Pick one of the technological developments to talk about and then take up the broader problem of growth, and explain how originalism fails to deal with these developments. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Hatch Foundation executive director Matt Sandgren said in a written statement that “thanks to his steadfast adherence to originalism and the rule of law, Justice Thomas has been called a ‘judge’s judge.’ Justice Clarence Thomas has a say about civil society 2022-03-13T05:00:00Z He delivered an emotional eulogy for his friend, a longtime ideological ally, even if Scalia had once referred to his own brand of originalism as “fainthearted.” The Long Crusade of Clarence and Ginni Thomas 2022-02-22T05:00:00Z Yale’s Jack Balkin, for example — a much-cited scholar who advocates “living originalism” — reads constitutional texts at a sufficiently high level of generality to encompass abortion rights. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z On the other side, originalism, which pretends to separate law from justice, rests on an invented tradition that has projected itself back into the past. Opinion | Supreme Court Justices Have Forgotten What the Law Is For 2022-02-03T05:00:00Z Unfortunately, the conservatives on the court, following originalism, have a very narrow view of congressional power. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z His alternative to the theory of “originalism” that conservatives use to rationalize their backward-looking rulings was a concept Breyer called “active liberty.” Opinion | The skirmish is over a new justice. The battle is against the right wing’s imperial judiciary. 2022-01-30T05:00:00Z “We do have a majority of justices on the court right now who are explicitly committed to originalism,” said Carrie Severino, president of the Judicial Crisis Network, which supported Trump’s nominations to the court. Twin Republican strategies brought the antiabortion movement to the cusp of victory in the Supreme Court 2021-12-04T05:00:00Z The pseudo-victory of originalism, on display at this week’s hearings, is society’s genuine loss. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z Bostock exposes that originalism betrays its own promise to leach arguments about justice out of interpretation. Opinion | Supreme Court Justices Have Forgotten What the Law Is For 2022-02-03T05:00:00Z In Chapter 7 you deal with the hypocrisy problem, meaning that conservatives abandon originalism when it doesn't suit their purposes. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Drawing on originalism, the interpretive method embraced by the conservative legal movement, the brief argued that history showed that government regulations on the carrying of guns in public have been commonplace for centuries. Justices’ Questions Suggest New York Gun Control Law Is Unlikely to Survive 2021-11-03T04:00:00Z Looking to history is a central feature of originalism, the method of interpreting the Constitution that seeks to determine its original public meaning. Prominent Conservatives Back Letting States Limit Guns in Public 2021-11-02T04:00:00Z Jackson’s statements were immediately heralded by liberal and conservative legal commentators alike as a victory for originalism and a compelling example of its dominance as the leading theory of constitutional interpretation in the United States. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z Neither progressivism nor originalism has proved capable of transcending partisanship to produce solidarity and community. Opinion | Supreme Court Justices Have Forgotten What the Law Is For 2022-02-03T05:00:00Z Board of Education, which would not have been decided in the same way under originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z It is a test of gun rights as well as originalism. Supreme Court looks to medieval England in gun rights case 2021-11-02T04:00:00Z The case also presents a test for the court’s conservative majority and its commitment to “originalism,” the method of interpreting the Constitution as it was originally understood. In fight at Supreme Court over N.Y. gun law, a surprising conservative split 2021-10-29T04:00:00Z Against this backdrop, Jackson’s comments this past week are best read as the self-defeating triumph of a vacuous form of originalism. Perspective | If every judge is an originalist, originalism is meaningless 2022-03-25T04:00:00Z One hopes that Justice Breyer’s replacement can transcend the tired opposition of progressivism and originalism, and revive the orientation to the common good that was once central to the American legal tradition. Opinion | Supreme Court Justices Have Forgotten What the Law Is For 2022-02-03T05:00:00Z Virginia, where the Supreme Court declared unconstitutional state laws prohibiting interracial marriage, wouldn't have been decided the same way under originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z As Justice Amy Coney Barrett has explained, originalism is the philosophy that the Constitution has “the meaning that it had at the time people ratified it.” Opinion | A middle ground on abortion that originalists should embrace 2021-10-26T04:00:00Z To reach the desired results, Republican justices often abandon the principles and doctrines of legal conservatism, like textualism and originalism. Justice Alito complains, but the evidence is clear: This Supreme Court was built by dark money 2021-10-14T04:00:00Z As it happens, though, the originalism practiced by legal conservatives, a grudging and mechanical reading of the Constitution’s deliberately grand phrases, aligns near perfectly with conservatives’ desired outcomes. Opinion | The Supreme Court doesn’t just suffer from political hackery. It’s more insidious than that. 2021-09-14T04:00:00Z In explaining his vote against Jackson's nomination, Republican Senator Chuck Grassley said he would not support any nominee who would not commit to a conservative approach to judging known as originalism. U.S. Senate panel approves key Biden judicial pick Jackson 2021-05-20T04:00:00Z Using the Constitution to combat sex discrimination wouldn't work under originalism. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z And even in the United States, liberals and conservatives alike accept important deviations from originalism. Opinion | The Supreme Court might have to choose between power and principle 2020-10-29T04:00:00Z But as Tom McCarthy learns, “originalism is closely aligned with the policy preferences of the Republican party”. ACB is the new RBG | First thing election special 2020-10-27T04:00:00Z In their briefs, conservative groups will advance theories of judging known as textualism and originalism. How conservative groups will advance their agendas before a Supreme Court with Amy Coney Barrett 2020-10-25T04:00:00Z But if textualism/originalism got us to a unprecedented precedent that has resulted in people brandishing guns in schools, churches and city halls, how much stock should we reasonably put into this technique? Amy Coney Barrett and the Second Amendment: Why her "expansive view" is utter BS 2020-10-25T04:00:00Z They write opinions in terms of originalism, but we should see that as the fig leaf to cover what's really going on — conservative justices imposing conservative values. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z Many conservatives have argued that originalism is the only way to ensure that judges stay restrained and modest, not imposing their views on a society that did not elect them. Opinion | The Supreme Court might have to choose between power and principle 2020-10-29T04:00:00Z A broader problem for originalism concerns the concept of "public meaning" itself. Amy Coney Barrett's "originalist" doctrine may sound good — but it's completely incoherent 2020-10-19T04:00:00Z Critics say originalism is shortsighted and even problematic because it seems to fail to recognize the shortcomings of that document as it was originally drafted. Analysis | Originalism in a diverse America: How does Amy Coney Barrett’s judicial philosophy square with who was left out of the Constitution? 2020-10-17T04:00:00Z In short, under the theory of originalism, the government cannot do anything to rein in corporations or the very wealthy. Amy Coney Barrett and the Second Amendment: Why her "expansive view" is utter BS 2020-10-25T04:00:00Z So the rise of originalism that we've seen on the Supreme Court is likely to be followed for many years to come. How Justice Scalia created chaos: "Originalism" is just right-wing ideology in disguise 2022-09-11T04:00:00Z At stake is the idea of judicial originalism, which holds, in the words of the late Justice Antonin Scalia, that the U.S. Opinion | The Supreme Court might have to choose between power and principle 2020-10-29T04:00:00Z Originalism is worth doing, even if it is originalism done badly. Amy Coney Barrett's "originalist" doctrine may sound good — but it's completely incoherent 2020-10-19T04:00:00Z This primitive form of originalism was clearly different from the “public meaning” version of the theory’s current adherents. Perspective | The framers of the Constitution didn’t worry about ‘originalism’ 2020-10-16T04:00:00Z Another American historian, Heather Cox Richardson, covering the confirmation hearings for her "Letters from an American" newsletter, addressed Barrett and the real purpose of originalism, which is to serve "a radical capitalism": Amy Coney Barrett and the Second Amendment: Why her "expansive view" is utter BS 2020-10-25T04:00:00Z Absolutely — thanks to a little something called originalism. Opinion | Civics 101: The Amy Coney Barrett hearing edition 2020-10-13T04:00:00Z “One of the goals of originalism,” she said, “is to take your personal beliefs, be they religious or ideological, out of the judicial interpretive process.” With Barrett Nomination, a D.C. Conservative Power Couple Nears Its Dream 2020-10-15T04:00:00Z Where originalist judges proceed proudly with no answers, that is originalism done badly. Amy Coney Barrett's "originalist" doctrine may sound good — but it's completely incoherent 2020-10-19T04:00:00Z That last debate took place in the early spring of 1796, and it produced the first coherent statement of originalism. Perspective | The framers of the Constitution didn’t worry about ‘originalism’ 2020-10-16T04:00:00Z Graham continued to question Barrett on the meaning of originalism, the judicial philosophy she is associated with. Graham slams Obamacare as senators begin questioning of Barrett 2020-10-13T04:00:00Z “My concern is not that Judge Barrett is Catholic,” she said, going on to criticize what she called extreme originalism. Rooted in Faith, Representing a New Conservatism: Amy Coney Barrett’s Path to a Court Pick 2020-10-11T04:00:00Z Cooper correctly notes that "The weird thing about judicial 'originalism' is that the explicit principle of judicial review is nowhere to be found in the Constitution." "Pack" the Supreme Court? Absolutely 100% yes — it's the only way to save democracy 2020-10-10T04:00:00Z In pointing outward to the people, originalism conveys an alluring humility. Amy Coney Barrett's "originalist" doctrine may sound good — but it's completely incoherent 2020-10-19T04:00:00Z It is also why the best-known example of “public meaning” originalism, Justice Antonin Scalia’s opinion in the major Second Amendment case D.C. v. Perspective | The framers of the Constitution didn’t worry about ‘originalism’ 2020-10-16T04:00:00Z My question for Barrett is this: We get the originalism idea, but how does that concept allow us to pick and choose its way about protection of the individual? Trump’s Supreme Court pick has a problem with the Constitution 2020-09-29T04:00:00Z “I wasn’t familiar when I entered law school with originalism as a theory,” she said last year in a speech at Hillsdale, a Christian college in Michigan. Rooted in Faith, Representing a New Conservatism: Amy Coney Barrett’s Path to a Court Pick 2020-10-11T04:00:00Z In the legal arena there are the dual fantasies of "textualism" and "originalism," which is now incoherently collapsing into a bewildering array of forms — "Originalism is a 'They' not an 'It,'" as Segall describes. "Pack" the Supreme Court? Absolutely 100% yes — it's the only way to save democracy 2020-10-10T04:00:00Z I ran experiments to test whether originalism's tools actually reflect public meaning. Amy Coney Barrett's "originalist" doctrine may sound good — but it's completely incoherent 2020-10-19T04:00:00Z But debates about originalism and how to perform it have been roiling the legal academy for several decades. Perspective | The framers of the Constitution didn’t worry about ‘originalism’ 2020-10-16T04:00:00Z That is the intention, and not the accidental byproduct, of constitutional originalism. Fury follows Trump's nomination of Amy Coney Barrett to Supreme Court 2020-09-28T04:00:00Z After a course on constitutional criminal procedure, Ms. Coney discovered a legal approach that resonated: originalism, or the practice of interpreting the Constitution according to what it meant when it was adopted. Rooted in Faith, Representing a New Conservatism: Amy Coney Barrett’s Path to a Court Pick 2020-10-11T04:00:00Z She drew on originalism, a legal theory championed by Justice Scalia that seeks to interpret the Constitution as it was originally understood. Barrett’s Record: A Conservative Who Would Push the Supreme Court to the Right 2020-09-26T04:00:00Z Her past scholarship, including a 2017 law review article, makes clear that she appreciates the tensions between originalism and stare decisis. Opinion | I’ve known Amy Coney Barrett for 15 years. Liberals have nothing to fear. 2020-09-26T04:00:00Z Barrett offers the tantalizing prospect of originalism coupled with a willingness to translate dry theory into disruptive action. Opinion | The bombshell consequences of Amy Coney Barrett 2020-09-25T04:00:00Z Scalia was a proponent of originalism, the method of constitutional interpretation that looks to the meaning of words and concepts as they were understood by the Founding Fathers. The Latest: No Democrats expected to vote to confirm Barrett 2020-09-26T04:00:00Z In her research and writing, she devoted herself to originalism — a topic with which Justice Scalia was closely associated, and one sure to catch attention from the conservative legal establishment. Rooted in Faith, Representing a New Conservatism: Amy Coney Barrett’s Path to a Court Pick 2020-10-11T04:00:00Z Like Scalia, for whom she once clerked, she is a committed Catholic as well as a firm devotee of his favored interpretation of the Constitution known as originalism. Amy Coney Barrett, likely high court pick, is Scalia’s heir 2020-09-26T04:00:00Z Barrett's judicial philosophy is often likened to that of her former boss, and her scholarship focuses on originalism. Judge Amy Coney Barrett: 5 things to know 2020-09-25T04:00:00Z Barrett has long expressed sympathy with a mode of interpreting the Constitution, called originalism, in which justices try to decipher original meanings of texts in deciding cases. Trump interviews Barrett while weighing a high court nominee 2020-09-21T04:00:00Z She believes in originalism, the idea that judges should interpret the Constitution as the Founding Fathers intended. Trump's Supreme Court court pick likely to be Amy Coney Barrett or Barbara Lagoa: reports 2020-09-20T04:00:00Z He has at times voted more liberally, but he supports textualism and originalism when interpreting the constitution. How long each Supreme Court Justice has served on the bench, and how long it took to confirm them 2020-09-19T04:00:00Z Justice Antonin Scalia, who wrote the majority opinion in Heller, was the chief proponent of a form of constitutional interpretation called “originalism.” Perspective | Gun laws were meant to ban private militants. Now, our hands are tied. 2020-09-02T04:00:00Z Her academic work focuses on constitutional law, originalism, statutory interpretation, and stare decisis. Judge Amy Coney Barrett: 5 things to know 2020-09-25T04:00:00Z The supporters of faithless electors are taking a position grounded in the intent of the framers, the usually conservative theory known as originalism. Supreme Court to decide the future of the Electoral College 2020-06-21T04:00:00Z Meanwhile politics abhors a power vacuum, and our juristocracy has claimed new powers in part because Congress doesn’t want them, a tendency that originalism is powerless to change. Opinion | The Tempting of Neil Gorsuch 2020-06-20T04:00:00Z Far-right Daniel Horowitz tweeted, "So, there is a right to transgenderism but not to self-defense?" and scoffed, "That's real originalism there." Conservatives — lead by Justice Alito — melt down over Supreme Court’s pro-LGBTQ ruling 2020-06-16T04:00:00Z The dominant theme is not activism or passivity; not textualism or originalism; not pragmatism; not really any coherent jurisprudential philosophy worthy of an “ism.” Review | Conservatives have controlled the Supreme Court for 50 years. These are the results. 2020-03-27T04:00:00Z Those who keep arguing for a unitary executive are using the language of constitutional originalism to advance partisan objectives. Impeachment, the Constitution and Donald Trump: Scholar William Howell on America after acquittal 2020-02-06T05:00:00Z But that interpretation of originalism runs up against another one: The founders let states decide how to pick electors. Supreme Court to decide the future of the Electoral College 2020-06-21T04:00:00Z It also goes against the central rationale of the Federalist Society, the conservative legal institution supposedly devoted to originalism: So much for "originalism": Trump's impeachment defense is a constitutional Dumpster fire 2020-01-25T05:00:00Z What this means is that if basing a ruling on a conservative doctrine such as originalism would yield a decision benefiting GOP donors, Roberts and his conservative colleagues follow doctrine. John Roberts' New Year's message rings hollow — because the chief justice is a partisan hack 2020-01-03T05:00:00Z As a scholar and a jurist, Scalia was the chief expositor of the judicial philosophy known as originalism. The Trump Impeachment Hearings and Justice Antonin Scalia 2019-12-09T05:00:00Z “Ironically, Chairman Schiff appears to be a convert to originalism in arguing that, while this does not fit the current definition of bribery, it meets the original meaning,” Mr. Turley told The Washington Times. Trump’s impeachment hinges on ‘national interest,’ legal scholars say 2019-11-25T05:00:00Z So originalism flip-flopped from being highly deferential to political bodies to highly resistant. Republicans, a history: How did the party of "law and order" become the party of crooks and crime? 2019-11-24T05:00:00Z There are clear parallels between originalism and conservative Christianity, including purity, textualism, and sanctimony. So much for "originalism": Trump's impeachment defense is a constitutional Dumpster fire 2020-01-25T05:00:00Z They developed the doctrine of “originalism” — the notion that judges should interpret the Constitution based on its original meaning and not as a living document whose meaning evolves with society. Barr Bridges the Reagan Revolution and Trump on Executive Power 2019-11-18T05:00:00Z As Scalia’s definition implied, the opposing school to originalism is one based on a “living” Constitution, one whose meaning evolves with the society it presumes to govern. The Trump Impeachment Hearings and Justice Antonin Scalia 2019-12-09T05:00:00Z He’s been known for his “bloodthirsty” originalism as well as his silence. Clarence Thomas blasts Joe Biden in documentary ‘Created Equal: Clarence Thomas In His Own Words’ 2019-11-10T05:00:00Z Put another way, originalism teaches that the Constitution’s meaning is fixed at the point it was ratified by “We the People.” Perspective | Five myths about the Constitution 2019-11-08T05:00:00Z That surely doesn't explain everything, but it clarifies my point that originalism matters a lot more to conservatives than most folks realize. So much for "originalism": Trump's impeachment defense is a constitutional Dumpster fire 2020-01-25T05:00:00Z And they sought to root this goal in originalism, developing arguments that the founders intended for fewer checks and balances on the presidency than scholars generally understood. Barr Bridges the Reagan Revolution and Trump on Executive Power 2019-11-18T05:00:00Z And originalism presumes we can even figure out what the Framers thought about issues they never contemplated. The Trump Impeachment Hearings and Justice Antonin Scalia 2019-12-09T05:00:00Z This history is important given the rise of “statutory originalism” and “textualism” in judicial interpretation. Does the Civil Rights Act protect LGBT workers? The Supreme Court is about to decide 2019-11-08T05:00:00Z The main argument in my book is that originalism doesn't do anything. Republicans' fantasy Constitution: Trump and the "phony emoluments clause" 2019-10-28T04:00:00Z Which brings us right back to the idea of a "living Constitution" — the great bogeyman of originalism — which holds that a founding document must live, breathe and evolve with the times. So much for "originalism": Trump's impeachment defense is a constitutional Dumpster fire 2020-01-25T05:00:00Z “Gorsuch is far too conservative to be seen as a reliable swing vote for the liberals. This is clear in his method of interpretation favoring originalism,” Mr. Feldman said. Neil Gorsuch no ‘swing vote’ despite liberal crossovers, court watchers say 2019-10-02T04:00:00Z It is in the latter that he defends his view of originalism — “the Constitution should be read in our time the same way it was read when adopted” — and the textualist view of statutory interpretation. ‘Everything conservatives hoped for and liberals feared’: Neil Gorsuch makes his mark at the Supreme Court 2019-09-06T04:00:00Z "In law school, I never heard the word originalism from a professor," he told Bream. Supreme Court Justice Neil Gorsuch reveals the two rules he tells his law clerks to follow 2019-09-07T04:00:00Z In Segall's view, originalism meets a lot of psychological needs, not just for judges, but for the broader public as well: Republicans' fantasy Constitution: Trump and the "phony emoluments clause" 2019-10-28T04:00:00Z Among the criticisms of originalism is that the Constitution, as Breyer has said, uses broad language that the founders knew would have to be flexible to changes in society. AP Interview: Gorsuch rues loss of civility in public life 2019-09-06T04:00:00Z It is not enough to find originalism suspect as an interpretation of the Constitution; the case must be made that the document is inherently progressive. Review | Democracy is under attack. But how to protect it while Trump is in the White House? 2019-08-01T04:00:00Z But one of his singular contributions was a 1985 speech to the Federal Bar Association in Chicago taking on the conservative judicial theory known as “originalism.” Opinion | We can either choose Trump’s vision of America, or John Paul Stevens’s 2019-07-17T04:00:00Z The learned and recondite disputes currently embroiling many conservatives, disputes about various doctrines of interpretive constitutional “originalism,” are often illuminating and sometimes conclusive in constitutional controversies. Opinion | To construe the Constitution, look to the Declaration 2019-07-03T04:00:00Z So "originalism" becomes simply a mask for reclaiming some imagined golden era of the past and claiming that one is a "true American." Constitutional scholar Laurence Tribe: Forget Mueller; impeachment won't save America 2019-03-26T04:00:00Z Another is that originalism almost always leads to outcomes preferred by conservatives. AP Interview: Gorsuch rues loss of civility in public life 2019-09-06T04:00:00Z Opponents of originalism believe that the Constitution should be treated as a living document, since the Founders had nothing to say about, for instance, transgender rights. Heidi Schreck Takes the Constitution to Broadway 2019-02-11T05:00:00Z But the progressive vision must do more than simply show the intellectual bankruptcy of originalism. Where is the progressive interpretation of the US constitution? | Erwin Chemerinsky 2018-11-22T05:00:00Z The revised application materials eliminated a request for a short statement about “your understanding of originalism,” replacing it with one asking for a description of “your jurisprudential philosophy.” Conservative Heritage Foundation Revives Training Academy for Judicial Clerks 2018-11-21T05:00:00Z Republicans and other conservatives love to talk about the Constitution and their love and respect for it as signaled by "originalism" and a claim to be "strict constructionists." Constitutional scholar Laurence Tribe: Forget Mueller; impeachment won't save America 2019-03-26T04:00:00Z One prompt said, “Please describe your understanding of originalism.” A Conservative Group’s Closed-Door ‘Training’ of Judicial Clerks Draws Concern 2018-10-18T04:00:00Z Hiding behind the rhetorical camouflage of "originalism" and "textualism" in their understanding of the U.S. The Brett Kavanaugh case: This is how white male privilege is destroying America 2018-10-04T04:00:00Z This must begin by showing the intellectual hypocrisy of “originalism”, the conservative approach to constitutional law. Where is the progressive interpretation of the US constitution? | Erwin Chemerinsky 2018-11-22T05:00:00Z There will also be sessions on originalism and textualism, which are modes of interpreting the Constitution and statutes that are generally but not exclusively associated with conservatives. Conservative Heritage Foundation Revives Training Academy for Judicial Clerks 2018-11-21T05:00:00Z Anyone in that situation -- a lifetime appointment -- would tend to succumb, but originalism is an especially deceptive “just-so story” that only makes that tendency worse. Can the Supreme Court be saved? Kavanaugh hearings could be a turning point 2018-09-30T04:00:00Z As with other nominees, senators must probe Mr. Kavanaugh’s judicial philosophy: Does “originalism” appeal to him, as it does to other prominent Republican-appointed judges? Opinion | Kavanaugh should break the trend of stonewalling the Senate 2018-09-03T04:00:00Z Another intramural conservative debate is whether “originalism” is sufficient as a method of construing the Constitution. Opinion | Judge Kavanaugh, here are my closing questions 2018-08-31T04:00:00Z Kavanaugh’s 2011 dissent in Heller, however, is an example of his unique brand of selective originalism — elevating the parts of the Constitution he apparently prefers while ignoring or discounting the parts he doesn’t. Opinion | What does Kavanaugh’s paper trail say? Let’s ask the experts. 2018-08-31T04:00:00Z “The originalism side, and invalidating laws if they’re unconstitutional, has the upper hand.” How the Trump Administration Is Remaking the Courts 2018-08-22T04:00:00Z The result we have now is a bastardized legal philosophy of “new originalism” that claims to respect the original text while doing no such thing. Can the Supreme Court be saved? Kavanaugh hearings could be a turning point 2018-09-30T04:00:00Z The organization has groomed prospective judges and nurtured theories like originalism, which supply a method of constitutional interpretation that has led conservative judges largely to positions they ideologically favor. When the Supreme Court Lurches Right 2018-08-22T04:00:00Z Scalia claims that textual "originalism" provides the only “objective” judicial approach to interpreting the law. Democrats have an ideology — government as a force for good. To win, they must embrace it 2018-07-15T04:00:00Z He often cites original articles of the Constitution, especially Article II, which is associated with originalism and expanded executive power. Perspective | Kavanaugh is radically conservative. Here’s the data to prove it. 2018-07-10T04:00:00Z For the moment, Trump may believe that originalism and textualism cut in his favor, but there is no guarantee this will always be the case. How the Trump Administration Is Remaking the Courts 2018-08-22T04:00:00Z Those who destroy women's reproductive rights will surely use the pretense originalism to cloak what they do. Can the Supreme Court be saved? Kavanaugh hearings could be a turning point 2018-09-30T04:00:00Z One such mechanism is the judicial philosophy known as originalism. Five myths about the Supreme Court 2018-07-13T04:00:00Z Not all conservatives lean so heavily on originalism, but almost all find some way to pretend they’re just doing their jobs the only way that’s proper. Democrats have an ideology — government as a force for good. To win, they must embrace it 2018-07-15T04:00:00Z Conservative thinkers generally advocate originalism and judicial restraint. Opinion | We’ve turned the justices into gods 2018-07-09T04:00:00Z The Federalist Society — and the Trump administration — are more forthright about the ways in which they hope originalism and textualism may apply to other arenas, particularly government regulation. How the Trump Administration Is Remaking the Courts 2018-08-22T04:00:00Z On the bench, Kavanaugh is a proponent of “originalism,” the practice of interpreting the Constitution and statutes by looking at the original meaning and text. Brett Kavanaugh, Trump’s Supreme Court pick, has sided with broad views of presidential powers 2018-07-09T04:00:00Z While there are many permutations of originalism, they all rely substantially on the text of the statute or constitutional clause under construction, as well as the original public meaning of the statute or clause. Five myths about the Supreme Court 2018-07-13T04:00:00Z It is a legacy not only of "originalism" and "textualism" which usually leads to conservative results. Democrats have an ideology — government as a force for good. To win, they must embrace it 2018-07-15T04:00:00Z Third, the principles of originalism and of deference to democracy are sometimes in tension. Opinion | We’ve turned the justices into gods 2018-07-09T04:00:00Z “He’s been a principled advocate for textualism and originalism now for decades.” Meet Leonard Leo: unassuming figure with big voice on Supreme Court nominees 2018-07-03T04:00:00Z Under the guise of “originalism,” they are rewriting the nation’s laws to further the reactionary political agenda of the Republican Party and its biggest donors. As Kennedy Retires, the Supreme Court’s Attack on Labor Unions Is a Sign of Things to Come 2018-06-27T04:00:00Z Gorsuch’s opinion represents originalism — the doctrine that courts must interpret the Constitution and statutes as written — at its most persuasive. Opinion | Neil Gorsuch might not handle an abortion case the way conservatives want 2018-05-21T04:00:00Z A problem that undermines their entire approach is the authors’ lack of a consistent commitment to textual originalism. Democrats have an ideology — government as a force for good. To win, they must embrace it 2018-07-15T04:00:00Z Conservative judges view originalism as an essential bulwark against the judicial and presidential usurpation of legislative powers. Donald Trump’s judicial appointments may prove his most enduring legacy 2018-01-11T05:00:00Z Taken together, the speeches are a book-length argument for constitutional originalism and for Scalia’s understanding of the role of judges in the United States. Scalia on writing well, originalism, and a turkey hunting mishap 2017-11-03T04:00:00Z Progressive constitutionalism is the opposite of constitutional originalism, which holds the Constitution as a permanent document that means what it says and is hard to amend. Colorado Editorial Roundup 2017-07-05T04:00:00Z It’s as if, in this creative version of originalism, lèse-majesté turns out to be what Jefferson and Madison had in mind. Fox columnist says Trump can order FBI to stop any investigation 2017-06-17T04:00:00Z Many of the nominees came of age during the 1980s and afterward when the right invented the doctrine of so-called constitutional originalism as a way to protest what they viewed as a left-leaning judiciary. Donald Trump is radicalizing America’s court system before our very eyes 2017-05-13T04:00:00Z Gorsuch, a staunchly conservative federal appeals court judge from Colorado, subscribes to the judicial philosophy of originalism, a way of interpreting the constitution that he shares with the justice he hopes to replace, Antonin Scalia. Democrats poised to filibuster Neil Gorsuch nomination to supreme court 2017-04-03T04:00:00Z Finally, he was to originalism what Saint Paul was to Christianity — a tireless and widely traveled evangelist of the gospel. Scalia on writing well, originalism, and a turkey hunting mishap 2017-11-03T04:00:00Z Scalia’s promotion of “originalism” provided a rhetorical framework for claiming authority without responsibility: He was only following orders—the true meaning of the Constitution. Gorsuch, Thomas, Rehnquist and beyond: A short history of right-wing lies in Supreme Court confirmation hearings 2017-03-26T04:00:00Z At other points, senators probed Judge Gorsuch’s general judicial philosophy, notably his commitment to originalism, which tries to interpret the Constitution consistently with the understanding of those who drafted and adopted it. Democrats Fail to Move Gorsuch Off Script and Beyond Generalities 2017-03-22T04:00:00Z She is part of the far-right community that touts constitutional originalism. Donald Trump is radicalizing America’s court system before our very eyes 2017-05-13T04:00:00Z Additionally, she called out originalism as a false promise. The 10 biggest statements from Supreme Court nominee Neil Gorsuch’s Senate hearing 2017-03-21T04:00:00Z Conservatives, meanwhile, defined a new historical method: originalism, a method with roots in the kind of analysis made in Dred Scott. Weaponizing the Past 2017-03-20T04:00:00Z To many liberals, however, his advocacy of “originalism” — limiting constitutional values to those clearly articulated by the framers — threatened to curtail hard-won rights for broad swaths of America, notably minorities and women. Want to Know Where Supreme Court Nominees Stand? Don’t Bother Asking 2017-03-19T04:00:00Z Scalia’s version of originalism led him to write 135 liberal opinions. Opinion | Is Gorsuch an originalist? Not so fast. 2017-03-17T04:00:00Z He saw originalism as a way to protect democracy, ensuring voters and elected lawmakers, not courts, decide issues such as abortion, same-sex marriage and the death penalty. Is Scalia’s ‘originalism’ just good old conservatism? 2017-03-18T04:00:00Z He saw originalism as a way to protect democracy, ensuring voters and elected lawmakers, not courts, decide controversies like abortion, same-sex marriage and the death penalty. Neil Gorsuch's Supreme Court hearing will show why he doesn't believe in a 'living' Constitution 2017-03-17T04:00:00Z If less carefully observed than the debate over originalism, the debate over the history test has influenced judicial nominations for decades. Weaponizing the Past 2017-03-20T04:00:00Z Scalia helped spread the word of originalism among conservative judges in the 1980s as a way of pushing back on what he considered to be the increasingly outlandish opinions of his progressive peers. Originalism: Neil Gorsuch's constitutional philosophy explained 2017-02-02T05:00:00Z He did not apply originalism to the entire Constitution. Opinion | Is Gorsuch an originalist? Not so fast. 2017-03-17T04:00:00Z But they may have more success pressing Gorsuch about his views on originalism, which in recent years has become a proxy of sorts in the Supreme Court’s conservative-liberal divide. Is Scalia’s ‘originalism’ just good old conservatism? 2017-03-18T04:00:00Z Gorsuch’s public endorsement of originalism helped him win the coveted nomination to succeed Scalia, and it is likely to play a key role in the debate over his confirmation. Neil Gorsuch's Supreme Court hearing will show why he doesn't believe in a 'living' Constitution 2017-03-17T04:00:00Z But conservative judicial mavens have already made clear that outcomes-oriented jurisprudence is their thing now, even if they disguise it behind grandiloquent words such as “originalism” and “textualism.” Opinion | It’s time to make Republicans pay for their supreme hypocrisy 2017-02-01T05:00:00Z Scalia’s originalism, which Gorsuch strives to emulate, involved talk of deferring to Congress while also tearing apart the Voting Rights Act. Neil Gorsuch and Justices Past 2017-02-01T05:00:00Z To oppose assisted suicide and euthanasia, Gorsuch’s book relies mostly on moral and pragmatic arguments, not on originalism. Opinion | Is Gorsuch an originalist? Not so fast. 2017-03-17T04:00:00Z Any discussion of originalism often turns into a dispute over Roe v. Is Scalia’s ‘originalism’ just good old conservatism? 2017-03-18T04:00:00Z But they may have more success pressing Gorsuch about his views on originalism, which in recent years has become proxy of sorts in the Supreme Court’s conservative-liberal divide. Neil Gorsuch's Supreme Court hearing will show why he doesn't believe in a 'living' Constitution 2017-03-17T04:00:00Z This is a short-term — and for conservatives such as me, very welcome — windfall for originalism. Opinion | Hugh Hewitt: Democrats made confirmation easier for Trump nominees. The GOP should fix that. 2017-01-31T05:00:00Z She said counting how many times a judge uses the word originalism in his writings does not mean he actually practices originalism, and citing nonjudicial writings also does not matter. Donald Trump picks for Supreme Court rated on ‘Scalia-ness’ factor 2017-01-26T05:00:00Z He urged “that these words spoken and written by Justice Scalia not be the final word written in support of originalism and constitutionalism. Rather, they ought to be a prologue.” Justice Thomas calls conservatives to continue Scalia's work 2016-11-18T05:00:00Z Gorsuch’s public endorsement of originalism helped him win the nomination to succeed Scalia, and it is likely to play a key role in the debate over his confirmation. Is Scalia’s ‘originalism’ just good old conservatism? 2017-03-18T04:00:00Z Any discussion of originalism often turns into a dispute over Roe vs. Neil Gorsuch's Supreme Court hearing will show why he doesn't believe in a 'living' Constitution 2017-03-17T04:00:00Z Those on the list with whom I am familiar would be sympathetic to originalism. Two Questions for Donald Trump’s Supreme Court Nominees 2016-11-17T05:00:00Z He was best known for championing originalism—the theory that calls for interpreting the Constitution as its words were understood to mean at the time of its ratification. The Supreme Court After Scalia 2016-09-26T04:00:00Z He identifies as a “judicial traditionalist”, a theory slightly more centrist than originalism but still opposed to the idea that the constitution is a living document. Trump's supreme court picks: from Tea Party senator to anti-abortion crusader 2016-09-24T04:00:00Z Such a standard, steeped in originalism, a mode of constitutional interpretation embraced by Justice Clarence Thomas and the late Justice Antonin Scalia, would seem to spare both Mr. Moore and Lennie. Supreme Court to Consider Legal Standard Drawn From ‘Of Mice and Men’ 2016-08-22T04:00:00Z Far more than even Scalia did, Thomas endorses originalism—the belief that the Constitution should be interpreted as its words were understood at the time it was written. Clarence Thomas Has His Own Constitution 2016-06-30T04:00:00Z He was known for his support of the principle of “originalism,” or looking to the meaning of the words of the Constitution when it was created, rather than viewing it as a living, changing document. George Mason law school to be renamed the Antonin Scalia School of Law 2016-03-31T04:00:00Z And he thought his philosophies of originalism and textualism were the best ways to determine when judges strayed too far. Former Clerk Details Scalia's Impact on the Supreme Court 2016-02-24T05:00:00Z Still, the man who rode to the Senate on the Tea Party wave of 2010 has an extremely conservative legal philosophy, to the right of originalism. Trump's supreme court picks: from Tea Party senator to anti-abortion crusader 2016-09-24T04:00:00Z "I found it interesting that he used the word 'originalism' several times, favorably and accurately," said Georgetown Law professor Randy Barnett. Justice Alito Says Supreme Court ‘Will Deal With’ Vacancy 2016-02-23T05:00:00Z He pioneered “originalism,” a theory holding that the Constitution should be interpreted in line with the beliefs of the white men, many of them slave owners, who ratified it in the late eighteenth century. Antonin Scalia: Looking Backward 2016-02-29T05:00:00Z While Scalia’s originalism certainly has its disciples among conservatives, with his death, Ginsburg’s vision of a living Constitution becomes more likely to prevail. After 45 years of conservative rulings, here’s what a liberal Supreme Court would do 2016-02-19T05:00:00Z There are now two academic centers – one at Georgetown and one at the University of San Diego – devoted entirely to the study of originalism. Former Clerk Details Scalia's Impact on the Supreme Court 2016-02-24T05:00:00Z Scalia lost a lot of battles — the inevitable result of his hard-line positions on social issues in a time of cultural transformation — but originalism eased into the mainstream. Funeral cements Scalia’s legacy as a larger-than-life conservative force 2016-02-20T05:00:00Z Alito described his judicial philosophy as one based in "originalism," an ideology championed by Scalia that views the words of the Constitution to be interpreted as when they were written by the framers. Justice Alito Says Supreme Court ‘Will Deal With’ Vacancy 2016-02-23T05:00:00Z Mr Scalia’s “originalism”, which aims to strip politics out of judging, may bear part of the blame for the court’s decline in public estimation. Courting controversy 2016-02-18T05:00:00Z He educated me about his judicial philosophy of “originalism.” Why a constitutional originalist would reject the GOP’s delay, delay, delay tactics 2016-02-16T05:00:00Z Thus, to the extent the public is exposed to any legal philosophy at all, it is usually originalism and textualism. Former Clerk Details Scalia's Impact on the Supreme Court 2016-02-24T05:00:00Z These dissents, delivered with authority and panache, made originalism seem distinct and forceful. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z But let’s also remember that his view of the Constitution hurt millions of Americans excluded from his theory of constitutional originalism. Antonini Scalia’s frozen racial past: How his Voting Rights Act ignorance excluded millions 2016-02-16T05:00:00Z Scalia was a proponent of originalism, believing that the constitution’s meaning is fixed, and should be interpreted in the way the framers originally intended. Antonin Scalia: a supreme court justice 'extreme and out of step' with women 2016-02-15T05:00:00Z Scalia will be remembered fondly on the right as the brilliant exponent of the theory of “originalism” that provided a rationale — or, in many cases, a rationalization — for decisions that usually fit conservative ideological preferences. Scalia’s passing starts a court fight for the ages 2016-02-14T05:00:00Z Let’s look at the impact of originalism today on our understanding of an armed militia, protecting the environment, climate change and big government. What the writers of the Constitution didn’t know 2016-02-14T05:00:00Z Balkin’s originalism embraces the reality that anyone asking “What does equality mean?” will give an answer influenced by the values and conflicts of her time. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z That underpinned his “originalism,” the belief that the Constitution should be interpreted based on the understanding of the framers, rather than expanded to meet the wants of a modern world. Antonin Scalia, conservative Supreme Court justice, remembered for caustic words, wit 2016-02-14T05:00:00Z In short, he never did reconcile originalism with Brown. Postscript: Antonin Scalia, 1936–2016 2016-02-14T05:00:00Z A great writer with a flair for wit and biting sarcasm, he changed the way judges and scholars thought about constitutional law by making the doctrine of “originalism” legitimate. Liberals might miss Justice Scalia more than they think 2016-02-14T05:00:00Z His success bringing the doctrine of “textualism” to the supreme court helped foster the spread of a more extreme philosophy, “originalism”, which has been embraced by uncompromising conservatives like the Tea Party and Ted Cruz. Antonin Scalia: man of his word who shaped America in life and in death 2016-02-14T05:00:00Z Scalia’s severe originalism was a way of denying the interpretive gaps involved in deciding these questions. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z He was one of the most prominent proponents of so-called originalism - a conservative legal philosophy that believes the US Constitution has a fixed meaning and does not change with the times. Justice Antonin Scalia's death sparks battle for Supreme Court control - BBC News 2016-02-14T05:00:00Z His originalism did, after all, lead him on occasion to rulings he found personally or politically disagreeable. Postscript: Antonin Scalia, 1936–2016 2016-02-14T05:00:00Z But, at his best, Scalia defended originalism and textualism with a style and wit that could be recognized even by those who fundamentally disagreed with him. Antonin Scalia's legacy: blistering zingers and a more partisan America | Scott Lemieux 2016-02-14T05:00:00Z But he did not note many other examples of originalism dictating views that contradicted his personal beliefs. Supreme Court Justice Antonin Scalia dies at 79 2016-02-13T05:00:00Z Neither of these ideas would have been definite enough for Justice Scalia, who never gave a persuasive account of how his originalism could support the Brown decision. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z In practical terms, originalism gives constitutional sanction to conservative politics. How Scalia Changed the Supreme Court 2016-02-13T05:00:00Z He was a towering voice for the doctrine of originalism - that the text of the Constitution is immutable and not open to "modern" interpretations. What's next for the Supreme Court? - BBC News 2016-02-13T05:00:00Z The real-estate magnate is famously litigious, but it’s hard to say what his views might be on subjects like constitutional originalism. How Antonin Scalia's Death Could Boost Ted Cruz 2016-02-13T05:00:00Z His doctrine of “originalism” centered on the belief that the U.S. U.S. Justice Scalia: outspoken conservative stalwart 2016-02-13T05:00:00Z His originalism promised to hold the Constitution above politics, but his judicial opinions reinforced the impression that his judging was only politics by other means. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z Over three decades, Scalia won more than he lost, and originalism remains ascendant among political conservatives. How Scalia Changed the Supreme Court 2016-02-13T05:00:00Z In Justice Scalia’s hands, originalism generally led to outcomes that pleased political conservatives, but not always. Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79 2016-02-13T05:00:00Z It’s reminiscent of arguments over constitutional originalism, debates in which a certain senator from Texas has vigorously engaged. Ted Cruz’s top foreign policy adviser has written a book. It’s about art history. 2016-02-05T05:00:00Z In their constitutional cosmology, a localist version of rock-ribbed originalism, they were the law in Malheur, and the federal agents the usurpers. Ammon Bundy Stands Down 2016-01-28T05:00:00Z But Scalia’s later career showed that as originalism gained in influence, it became susceptible to many uses, not all of them conservative. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z It appears that those who live by the sword of constitutional originalism may be destined to perish by its two edged blade—or maybe not. Let’s make an honest man of Ted Cruz. Here’s how we resolve his “birther” dilemma with integrity 2016-01-23T05:00:00Z Justice Scalia was a champion of originalism, the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution. Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79 2016-02-13T05:00:00Z In general, originalism is the province of conservatives and the "contemporary values" approach that of liberals. Gay Marriage Decision Should Have Been All About Constitutional Equality 2015-06-29T04:00:00Z “A basic tenet of originalism is that it’s not the role of judges to impose their own moral philosophies,” Whelan said. Justices Kennedy and Scalia and their divide on gay rights 2015-04-26T04:00:00Z Scalia’s originalism—the theory that judges should hold the Constitution to the “public meaning” it had when it was adopted—was the most ambitious and influential judicial attempt to limit the impact of individual standards. Scalia’s Contradictory Originalism 2016-02-16T05:00:00Z In each case he is a swaggering, doubt-free spokesman for “originalism”. Justices on the stage 2015-02-26T05:00:00Z The book argues that his Catholicism and his originalism and textualism theories work side by side and allow him to reach the same result. Antonin Scalia Is the Supreme Court's Lone Wolf 2014-07-10T04:00:00Z What should surprise, however, is the continued expectation that we overlook patriarchal religious fundamentalism, its collusion with constitutional “originalism” and its discriminatory expression in our political system. The Supreme Court Ruled in Favor of Patriarchy, Not Democracy 2014-06-30T04:00:00Z This is the central conceit of originalism—that “original meaning” is an objective truth, a fact found in archives, or discerned from dictionaries. Did History Win in National Labor Relations Board v. Noel Canning? 2014-06-26T04:00:00Z So anyone seriously trying to make the case for the apolitical virtues of originalism clearly has their work cut out for them. Scalia’s delusional hackery: From “originalism” to shilling for the Tea Party 2014-05-06T16:04:00Z For another thing, in the space of a generation or two, originalism has moved from the fringes of legal scholarship to being a mainstream conservative belief. Justices on the stage 2015-02-26T05:00:00Z The trenchant question is whether nostalgia for “originalism” is a useful guide to policy. Hindsight: The Federal Reserve’s Framers Would Be Shocked 2013-06-22T17:43:11Z He advocated a view of judging known as “strict constructionism,” or “originalism,” because it seeks to limit constitutional values to those explicitly enunciated by the Framers and to reject those that evolved in later generations. Robert H. Bork, Conservative Jurist, Dies at 85 2012-12-19T15:26:04Z At the same time, conservative legal thinking like law and economics principles and a method of interpretation called “originalism” championed by Justice Antonin Scalia also began to infiltrate and often dominate legal discourse. Supreme Court Revisits Corporate Liability For Human Rights Violations 2012-09-28T18:07:55Z Second, even among its adherents “originalism” does not yield determinate outcomes. Scalia’s delusional hackery: From “originalism” to shilling for the Tea Party 2014-05-06T16:04:00Z Scalia’s brand of constitutional “originalism,” which deeply respects the intent of the Founding Fathers, is an alien idea to the law and economics crowd, who view law as something more useful than sacred. Will Success Spoil the Chicago School? 2012-06-07T21:59:59Z Bork’s theory of “originalism” -- that judges should interpret rules of law, including the Constitution, based on the intentions of those who wrote them -- is close to a truism. Reagan, Not the Left, Started Partisan Fires: Michael Kinsley 2011-11-01T10:26:43Z In one instance he chided Christian conservatives’ demand for “originalism” in interpreting the Constitution, wondering why they did not regard this as idolatrous. W.J. Stuntz, Who Stimulated Legal Minds, Dies at 52 2011-03-21T03:50:05Z We know what to expect from the other justices on the court’s reliable right: Antonin Scalia has his constitutional theory of originalism, often in the company of Clarence Thomas. First: Mysterious Justice 2011-03-18T13:00:00Z But what Posner adds is that this very same habitual dishonesty plays a crucial role in bolstering Scalia’s argument for textual originalism as well. Scalia’s delusional hackery: From “originalism” to shilling for the Tea Party 2014-05-06T16:04:00Z Constitutional originalism is all the rage these days. If Scalia Had His Way 2011-01-09T05:00:54Z Justice Scalia is roaring back in defense of "originalism," his view that the Constitution is stuck in the meaning it had when it was written in the 18th century. Supreme Court Justice Scalia on Women and the Equal-Protection Clause 2010-09-22T09:40:00Z Breyer, 72,, said in an interview that he understands how that opens him to criticism of subjectivity, and that his approach lacks the simple message of originalism. Breyer on the Constitution 2010-09-20T00:19:00Z Chief Justice Roberts is not wedded to a single judicial methodology like the originalism and textualism that are the touchstones for Justices Scalia and Thomas. News Analysis: Roberts Put His Stamp on Supreme Court in Latest Term 2010-06-29T18:50:00Z The following abbreviated version is sufficient to provide a sense of just how many different, yet often overlapping problems there are with Scalia’s brand of originalism: Scalia’s delusional hackery: From “originalism” to shilling for the Tea Party 2014-05-06T16:04:00Z Conservatives embrace originalism for many reasons, not least because it is supposed to help judges separate their legal conclusions from their personal views. If Scalia Had His Way 2011-01-09T05:00:54Z But he did not embrace originalism, the approach emphasizing adherence to the original meaning of the constitutional text. Man in the News: Stevens?s Retirement Ends an Era, for Court and Nation 2010-04-09T18:17:00Z “I hope Scalia and Thomas succeed in making their colleagues care more about text and history,” said Douglas Kendall, the president of the Constitutional Accountability Center, which argues that originalism can favor progressive causes. If Scalia Had His Way 2011-01-09T05:00:54Z Today, the most heated controversy over originalism centers on health care reform. If Scalia Had His Way 2011-01-09T05:00:54Z For this reason, many liberal scholars have concluded that originalism is more of a rhetorical argument than a consistent, principled approach to constitutional interpretation. If Scalia Had His Way 2011-01-09T05:00:54Z But in practice, the version of originalism embraced by conservative justices often points in a conservative direction. If Scalia Had His Way 2011-01-09T05:00:54Z |
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