In this, the first part of a special series on Amicus and at Slate.com, we are lifting the lid on an old-timey sounding method of constitutional interpretation that has unleashed a revolution in our courts, and an assault on our rights. But originalism’s origins are much more recent than you suppose, and its effects much more widespread than the constitutional earthquakes of overturning settled precedent like Roe v Wade or supercharging gun rights as in Heller and Bruen. Originalism’s aftershocks are being felt throughout the courts, the law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past.
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Amicus Opinionpalooza: A Bad June Rising At SCOTUS
Amicus Opinionpalooza: Justice Alito Flies the Flag for Racial Gerrymanders (Preview)
A Word: Haitian Chaos, American Neglect?
Political Gabfest: Justice Alito's Upside Down Flag
What Next: Diddy’s Reckoning
Amicus | How Originalism Ate The Law: What We Can Do About It
What Next: Is Killing a Protester Still a Crime?
Amicus: Alito’s Stars and Gripes
Amicus: How Originalism Ate The Law: The Trap
Political Gabfest: Trump Wore Pajamas
What Next: Stormy Daniels Takes the Stand
Hear Me Out: Punishing A Shooter’s Parents Misses The Point
Slate Money: Will new DEA rules light up the weed business?
Amicus: Democracy Dies at SCOTUS
A Word: True Life, True Crime
Political Gabfest: Election Fraud Pure and Simple
What Next: How Trump Found His Lawyer
AMICUS PREVIEW: Abortion Gaslighting is Back at SCOTUS
What Next: Your Right to Protest? Not the Supreme Court’s Problem.
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