Amicus With Dahlia Lithwick | Law, justice, and the courts
How Originalism Ate The Law: The Trap
May 11, 2024
Exploring the impact of originalism on the Supreme Court and how it has been used to gut voting rights. The podcast also delves into the challenges faced by lower court judges due to Supreme Court precedent and how originalism has eroded civil rights protections.
52:31
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Quick takeaways
- Originalism simplifies legal interpretation but struggles with modern complexities.
- Unchecked expansion of originalism alters legal landscape with challenges for lower court judges.
Deep dives
AJ Jacobs' Originalism Journey
AJ Jacobs, a nonfiction writer, embarked on a journey of living constitutionally to explore originalism and the Constitution. Inspired by the swing towards originalism on the Supreme Court, Jacobs adopted the mindset of 1789, engaging in activities like writing pamphlets as part of his First Amendment expression and learning to load and fire an antique musket. Through his experiences, he questioned the applicability of 18th-century values to modern life and pondered the evolution of constitutional values.
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