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Originalism
October 15, 2024
Simon Lazarus
The Democrats Are the Only True Defenders of the Constitution
Now that the right has abandoned the Founders, the Harris-Walz campaign has the chance to flaunt this winning rebrand. They should take it.
October 7, 2024
Magazine
Andrew Lanham
The Supreme Court’s Originalists Are Fundamentally Wrong About History
The Founders didn’t believe the Constitution had a fixed meaning. So why do so many of the justices?
June 26, 2024
Edith Olmsted
Ketanji Brown Jackson Blasts “Absurd” Supreme Court Bribery Ruling
The Supreme Court justice took aim at her conservative colleagues’ supposed originalist beliefs.
June 19, 2024
Matt Ford
Amy Coney Barrett Breaks With Supreme Court Originalists
She’s still conservative, but she seems to want to prevent her Supreme Court colleagues from going too far too quickly.
March 29, 2024
Simon Lazarus
Conservatives Don’t Have a Monopoly on Originalism
The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
November 21, 2023
Matt Ford
The Bizarre Reason a Colorado Judge Didn’t Disqualify Trump From Running in 2024
Judge Sarah Wallace found the case that the former president violated the Fourteenth Amendment compelling. Then she found a way to ignore her own judgment.
November 9, 2023
Matt Ford
Conservatives’ Favorite Legal Doctrine Crashes Into Reality
Originalism is all the rage on the right, but a gun case at the Supreme Court is exposing its absurdity—even to the conservative justices.
September 8, 2023
Matt Ford
It’s Time to Take Trump’s Disqualification From the Presidency Seriously
A burgeoning movement to remove the former president from the ballot in 2024 is forging ahead—with the Supreme Court as its final destination.
August 13, 2023
Matt Ford
The Conservative Legal Roadmap to Disqualify Trump From Office
A pair of originalist scholars say that Article 3 of the Fourteenth Amendment is alive and well—and capable of ending the former president’s return to the White House.
June 15, 2023
Matt Ford
Neil Gorsuch Tries to Save Indian Law From the Supreme Court
The conservative justice helped the tribes win while also speaking to future jurisprudence.
July 8, 2022
Matt Ford
There Is No Constitutional Right to Eat Dinner
Claims that Justice Brett Kavanaugh had his rights violated by protesters outside a D.C. restaurant fail on originalist grounds.
April 22, 2022
Timothy Noah
Why Biden Had to Challenge That Trump Judge’s Dim-Witted Mask Mandate Ruling
It’s not just about health. It’s also about not letting reactionary hacks dismantle the regulatory state.
February 3, 2021
Peter Hammond Schwartz
Originalism Is Dead. Long Live Catholic Natural Law.
On the “postliberal” future of the federal courts
October 20, 2020
Matt Ford
The Trump Case That Will Test the Supreme Court’s Newest Originalist
The president wants to exclude noncitizens from the census, in clear violation of the Constitution. Where does Amy Coney Barrett stand?
June 8, 2020
Magazine
Matt Ford
Bill Barr’s Invisible Crusade
Trump’s attorney general sees himself as a grand cultural inquisitor.
April 2, 2020
Matt Ford
The Emerging Right-Wing Vision of Constitutional Authoritarianism
Law professor Adrian Vermeule thinks America would be better off without individual liberty. It’s an increasingly popular view among a faction of conservatives.
December 5, 2019
Saul Cornell
Don’t Embrace Originalism to Defend Trump’s Impeachment
Liberal legal scholars are at risk of falling into a right-wing trap.
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