Advisory Opinions You’re Wrong About Originalism
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May 22, 2025 William Baude, a Professor at the University of Chicago Law School and an expert in constitutional law, dives into the origins and evolution of originalism. He discusses how historical figures like Robert Bork influenced this legal approach, shedding light on the contrasting perspectives on constitutional interpretation. The conversation also touches on recent Supreme Court cases and their implications for civil rights, highlighting the intricate balance between law and language. Baude's insights reveal the ongoing debates and relevance of originalism in today's legal landscape.
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Totality of Circumstances Rule
- The Supreme Court unanimously ruled the Fourth Amendment violation assessment should consider the totality of circumstances, not just the immediate moment.
- A concurrence reassured police officers about the dangers of traffic stops, highlighting judicial understanding of their risks.
Due Process Urgency in Removals
- The Supreme Court treats removal cases under the Alien Enemies Act with urgency due to their irreversible harm, akin to capital cases.
- Courts intervene quickly as removal often precludes future legal remedies for detainees.
First Amendment vs. State Legislatures
- State legislatures punishing members for speech conflicts with the federal First Amendment, unlike the U.S. Congress which has explicit carve-outs.
- Judicial immunity does not fully shield state legislatures from constitutional challenges involving speech and voting rights.