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The Surprising History of the Supreme Court Footnote

Opening Arguments

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Interpreting History: Law vs. Scholarship

This chapter critically examines Justice Alito's majority opinion on abortion rights, highlighting its historical reinterpretation and concerns about the legitimacy of originalism. It discusses the qualifications of Supreme Court justices in relation to historical expertise and contrasts their background with that of trained historians. The chapter further explores the implications of judicial interpretations of history and the role of historians in informing legal decisions.

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