#originalism

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#supreme-court

The Biggest Clue That the Supreme Court Has Lost Touch With Reality

The U.S. Supreme Court's detachment from factual reality may undermine its credibility and affect its role in the 2024 elections.

Sam Alito Got Knighted... Just Like The Founding Fathers EXPLICITLY MADE UNCONSTITUTIONAL

Justice Alito's Originalism often reflects contemporary biases rather than historical principles.
from www.nytimes.com
5 months ago

Opinion | Ketanji Brown Jackson Points to a Way Forward for the Court

The Supreme Court's recent ruling on the Consumer Financial Protection Bureau revealed an evolution in originalism interpretation, embracing historical precedents alongside modern practices.
from Slate Magazine
5 months ago

Jamie Raskin Explains What America Could Do to Fix the Supreme Court

Democracy can repair the damage of a conservative supermajority believing itself above the law.

Opinion | Something Other Than Originalism Explains This Supreme Court

The current Supreme Court is polarizing due to differing views on interpreting the Constitution.
Critics like Justice Breyer and Judge Newsom have contrasting opinions on upholding originalism in court decisions.

So You Want to Start Paying Attention to the Supreme Court, but Don't Know Where to Start. Here You Go!

The Supreme Court has significant influence on Americans' lives and can advance a political agenda through selective interpretations of the law.
from Slate Magazine
2 hours ago

The Biggest Clue That the Supreme Court Has Lost Touch With Reality

The U.S. Supreme Court's detachment from factual reality may undermine its credibility and affect its role in the 2024 elections.

Sam Alito Got Knighted... Just Like The Founding Fathers EXPLICITLY MADE UNCONSTITUTIONAL

Justice Alito's Originalism often reflects contemporary biases rather than historical principles.

Opinion | Ketanji Brown Jackson Points to a Way Forward for the Court

The Supreme Court's recent ruling on the Consumer Financial Protection Bureau revealed an evolution in originalism interpretation, embracing historical precedents alongside modern practices.

Jamie Raskin Explains What America Could Do to Fix the Supreme Court

Democracy can repair the damage of a conservative supermajority believing itself above the law.

Opinion | Something Other Than Originalism Explains This Supreme Court

The current Supreme Court is polarizing due to differing views on interpreting the Constitution.
Critics like Justice Breyer and Judge Newsom have contrasting opinions on upholding originalism in court decisions.

So You Want to Start Paying Attention to the Supreme Court, but Don't Know Where to Start. Here You Go!

The Supreme Court has significant influence on Americans' lives and can advance a political agenda through selective interpretations of the law.
moresupreme-court
#law-schools

Don't give money to law schools unless they teach originalism, conservative federal appeals judge says

Conservatives should withhold donations to law schools that don't teach originalism, argues Judge Thapar.

Pocket Watching Trump Judge Wants To Control Law School Donations

Judges are increasingly imposing ideological preferences on law schools regarding curricula and faculty diversity under the guise of promoting Originalism.

Don't give money to law schools unless they teach originalism, conservative federal appeals judge says

Conservatives should withhold donations to law schools that don't teach originalism, argues Judge Thapar.

Pocket Watching Trump Judge Wants To Control Law School Donations

Judges are increasingly imposing ideological preferences on law schools regarding curricula and faculty diversity under the guise of promoting Originalism.
morelaw-schools
#constitutional-interpretation

Originalism Was Impossible

Originalism as a method to interpret the Constitution was practically impossible until modern resources became available.

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Justice Neil Gorsuch's book 'Over Ruled' challenges overregulation and cautions against Supreme Court reforms by President Joe Biden.

One of the Most Conservative State Supreme Courts in the Country Just Rebuked Dobbs

Conservative Utah Supreme Court surprises by blocking state's abortion ban, highlighting complexities faced by conservative judges in abortion rights cases.

French: Cannon's ruling is right-wing living Constitutionalism

Conservative judges are issuing rulings that seem to defy the text of the Constitution and relevant statutes, contradicting the principles of originalism and textualism.

Originalism Was Impossible

Originalism as a method to interpret the Constitution was practically impossible until modern resources became available.

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Justice Neil Gorsuch's book 'Over Ruled' challenges overregulation and cautions against Supreme Court reforms by President Joe Biden.

One of the Most Conservative State Supreme Courts in the Country Just Rebuked Dobbs

Conservative Utah Supreme Court surprises by blocking state's abortion ban, highlighting complexities faced by conservative judges in abortion rights cases.

French: Cannon's ruling is right-wing living Constitutionalism

Conservative judges are issuing rulings that seem to defy the text of the Constitution and relevant statutes, contradicting the principles of originalism and textualism.
moreconstitutional-interpretation

Erwin Chemerinsky on the need for a new US constitution: Our democracy is at grave risk'

Erwin Chemerinsky critiques the US Constitution as fundamentally flawed, arguing it fosters political dysfunction and threatens American democracy.

A State Supreme Court Justice Decries the "Horrors and Treachery" Coming From SCOTUS

Originalism criticized for relying on bogus history and racist values.

For a Year, I Lived as the Constitution Instructs. Here's What I Learned.

Living constitutionally involves expressing constitutional rights as interpreted in the era of the Constitution's writing.

Originalist Judge Hails Future Where Time-Consuming Task Of Compiling Fake History Is Replaced By AI Hallucinations

John Bush nominated based on anti-gay blogging.
Judge Bush sees AI revolution as beneficial for originalism in legal field.

Is SCOTUS making it harder to teach constitutional law? Profs 'depleted' and taken aback by 'velocity' of change

SCOTUS using originalism to overturn precedent
Constitutional law professors feeling depleted by rapid changes

Phony Originalism Could Cost Florida Women Their Abortion Rights

A challenge to Florida's abortion laws is currently before the conservative Supreme Court.
The case revolves around the original public meaning of the privacy right in the Florida Constitution.
#Supreme Court

Morning Docket: 12.04.23

Originalism is based on historical falsehoods
The Supreme Court may impact tax law
Google's tactics are troubling
Trump's legal team suggests delaying trial
Federal judiciary asks for less money

The Supreme Court's Conservatives Need to Throw Clarence Thomas Under the Bus

Justice Clarence Thomas's version of originalism was criticized as unworkable and inconsistent with the Second Amendment.
The Supreme Court is likely to reverse the decision by the U.S. Court of Appeals for the 5th Circuit in favor of Rahimi.

Morning Docket: 12.04.23

Originalism is based on historical falsehoods
The Supreme Court may impact tax law
Google's tactics are troubling
Trump's legal team suggests delaying trial
Federal judiciary asks for less money

The Supreme Court's Conservatives Need to Throw Clarence Thomas Under the Bus

Justice Clarence Thomas's version of originalism was criticized as unworkable and inconsistent with the Second Amendment.
The Supreme Court is likely to reverse the decision by the U.S. Court of Appeals for the 5th Circuit in favor of Rahimi.
moreSupreme Court

The Key to Saving Our Atrocious Campaign Finance Laws Might Be ... Josh Hawley?

Republican Sen. Josh Hawley introduced a bill that could fundamentally change campaign finance law.
Hawley's bill has zero chance of becoming law but signals a shift in campaign finance jurisprudence.

Exposing The Originalism Lie

The importance of challenging originalist ideology in the legal system.
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