How Originalism Ate The Law: The Trap
Amicus With Dahlia Lithwick | Law, justice, and the courts
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Challenges in Interpreting the First Amendment
The Supreme Court's Janus decision in 2018 showcased a pivotal moment where the Court, despite originalist evidence, ruled against the ability of states to support unions by collecting fees from non-members. This decision, led by Justice Alito, showed a departure from originalism towards living constitutionalism, neglecting the original public meaning of the First Amendment. This shift indicates a trend where originalism evolves and discards its initial constraints. Despite this, the response from liberals to improve historical understanding may not be sufficient, hinting at even more challenging times ahead.
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