“Originalism and Stare Decisis in the Lower Courts”
The NYU Journal of Law & Liberty has published the final version of my new article, “Originalism and Stare Decisis in the Lower Courts.” I hope this piece is of interest to many lower court judges who are now routinely engaging with the original meaning of the Constitution.
Here is the abstract:
The tension between originalism and stare decisis is well known. Many of the Supreme Court’s most significant constitutional decisions are completely unmoored from the original public understanding of the Constitution. A Supreme Court Justice may recognize that a given precedent is non-originalist, but follow it anyw
Article from Latest – Reason.com