The Divisions Among the Court’s Originalists
Professor Joel Alicea has a thoughtful and perceptive op-ed in the New York Times, “The Supreme Court Is Divided in More Ways Than You’d Think,” discussing the issues that divide the Supreme Court’s five originalist justices. It begins:
When Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joined the Supreme Court during President Trump’s first term, originalism found itself in an unfamiliar and challenging position.
All three of the court’s new members were avowed originalists, holding that judges ought to interpret the Constitution according to the meaning it had when it was ratified. As a result, a majority of the justices, including Clarence Thomas and Samuel Alito, now subscribed to this theory. Originalism, long seen as an insurgent force at the Supreme Court, had become its reigning philosophy.
For the originalists on the cou
Article from Reason.com
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