2min chapter

Know Your Enemy cover image

How They Did It: Overturning Roe, Pt. 1 (w/ the 5-4 podcast)

Know Your Enemy

CHAPTER

The Originalism of the Supreme Court

Supreme court justices didn't have like, narrowly defined rolls. They were doing their own things to a much larger degree. There's tons of scholarship in in the late seventies that we now sort of recognize as the building blocks of originalism. But it's only after row and these other fourteenth amendment cases that it crystallizes into this very discreet and rigid interpretive theory.

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