这个时候，Amy Coney Barrett所倡导的originalism就尤其危险了。 它归根到底是保守的，由于守旧，刻意回到两百年前的价值观和原意，它特别容易和保守 ...

It says something that originalism -- a widely accepted legal theory -- can be fairly used as a serious academic vehicle for ...

Originalism, a framework with roots in the segregationist past and funded by right-wing oligarchs, helped lead to Donald ...

The Supreme Court Deals a Blow to Planned Parenthood’s Medicaid Lawfare Josh Hawley, Friend of a Friend of the Working Man Restraint Is Conservative Some critics of originalism fault it on ...

Originalism is the idea that we should interpret the Constitution with its original meaning. But what, exactly, is the Constitution’s “original meaning”?

Originalism—the idea that the meaning of each provision of the United States Constitution becomes fixed at the time of its enactment—in its contemporary form traces back to the advocacy of a ...

Originalism – like any remotely plausible theory of constitutional interpretation – must take account of changing factual circumstances.

Only if originalism is, as its harshest critics charge, little more than a smokescreen for political ideology, will New York’s law be consigned to the dust heap of history, ...

This Court Has Revealed Conservative Originalism to Be a Hollow Shell The Supreme Court’s right-wing justices claim to be originalists, but then they pick and choose the history that fits their ...

At the Witherspoon Institute’s Public Discourse yesterday, I had an essay, “Declaration Man: How Justice Clarence Thomas Earned His Enemies,” reviewing a fine new book by Ralph A. Rossum of ...

In “‘Originalist’ Judges Lose Sight of Truths that Precede Law” (op-ed, Sept. 30), Hadley Arkes proposes a “better originalism” that he thinks is rooted in the “moral ground of the ...

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