Uncommon Knowledge Justice Alito: Dobbs, A Color Blind Constitution, And The Balancing Of Power
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Jun 17, 2025 
Associate Justice Samuel Alito, known for his conservative judicial philosophy, shares insights on his approach to constitutional law. He delves into his landmark decision in Dobbs v. Jackson and the criteria for overturning precedents. Alito discusses originalism, the balance of judicial power, and the complexities surrounding race and constitutional interpretation. He also reflects on the evolving landscape of religious liberty and the often contentious relationship between executive power and the judiciary, providing a thought-provoking perspective on American democracy.
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Originalism as Constitutional Restoration
- Originalism is an effort to restore the Constitution's original meaning with a disciplined reading of the text.
- It aims to interpret the Constitution as a fixed legal document rather than a living organism.
Limits of Overruling Precedent
- The Supreme Court respects stare decisis but may overturn precedent if it's egregiously wrong and unsettled.
- Justice Scalia warned against reexamining every precedent, emphasizing practical limits on overruling.
Criteria to Overturn Roe
- To overturn Roe v. Wade, the Court considered if it was egregiously wrong and whether it settled the law nationally.
- Roe failed both tests, deepening division rather than settling the abortion issue.