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.
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Originalism Is A Modern Revolutionary Movement
- Originalism is a recent invention that reshaped constitutional law starting in the 1980s.
- It promises judicial restraint but instead produced sweeping doctrinal change and conservative wins.
Bork Hearings Shocked Public Opinion
- Robert Bork's 1987 confirmation hearing showcased unapologetic originalism and provoked public backlash.
- Ted Kennedy's "Bork's America" speech vividly illustrated what originalism might mean in practice.
Originalism Was Built Strategically
- The Reagan Justice Department and Ed Meese intentionally promoted originalism as a tool to produce conservative outcomes.
- That effort seeded a network of conservative lawyers who later populated the bench and academy.