Amicus With Dahlia Lithwick | Law, justice, and the courts
How Originalism Ate the Law: The Trick
May 4, 2024
Unveiling the rise of originalism in courts and its impact on rights. Exploring its roots, religious ties, and historical milestones. Discussing Heller's influence and a senator's foresight. Revealing the cultural veneration of Constitution's framers and the fusion of Christianity. Tracing back to conservative legal movement's origins and Federalist Society's inception. Delving into Scalia's flawed interpretation of the Second Amendment and the challenges of prioritizing originalism in law.
47:52
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Quick takeaways
- Originalism has significantly impacted the Supreme Court's decisions and legal landscape, emphasizing frozen interpretations from the founding era.
- Justice Antonin Scalia's originalist approach in the Heller case established a significant moment for translating originalism theory into tangible legal outcomes.
Deep dives
The Rise of Originalism in Constitutional Law
Originalism, a relatively new way of interpreting the Constitution, has significantly impacted the Supreme Court's decisions and legal landscape. Rooted in the belief that the Constitution should be interpreted based on the original intent of its framers, originalism has been doctrinal rocket fuel for the conservative legal movement. By emphasizing frozen interpretations from the founding era, originalism has led to significant shifts in precedent, doctrine, and the overall legal framework, with implications on various issues like abortion rights and gun control.
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