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Judging the Judges (with Ruth Marcus)

Stay Tuned with Preet

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The Risks of Justices Playing the Originalism Game

Ruth Ben-Ghiat: There is such a core of originalists on the court, you would be committing malpractice if you didn't make your best originalist argument. She says Justice Jackson seemed to buy into it in a way that I think runs the risk of making it look like a legitimate, obvious, and controlling form of legal interpretation. But this is an interesting and potentially dangerous road for liberal justices to be going down, she says.

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