Ep. 30 - Originalism is Fake

The Conservative majority on the Supreme Court is upending the legal landscape overturning cases like Roe v. Wade, making it almost impossible for states to enact limits on gun possession, and more, all under the guise of a legal theory called originalism. 

In this episode, we bring back one of our most popular guests, Prof. Eric Segall. He joins host Mary Whiteside to discuss his book Originalism as Faith.

Listen as Professor Segall debunks originalism as a legal theory. Self-avowed originalists on the Supreme Court only use the Constitution's original meaning in their opinions when it helps their argument. But, even though they claim originalism is the only correct method of Constitutional interpretation. They effortlessly abandon originalism when it doesn’t help them reach their desired results. In short, originalism is nothing more than a rhetorical device that plays well on Fox News. It masks the Justices’ true motive, which is to impose their moral value judgments on the rest of us without admitting that it is their views. They prefer to claim that they are only doing the will of the Founders, which somehow matches identically with what the Republican Party and their wealthy and religious donors want them to do. What luck!

Find us on Twitter - Prof. Segall is @espinsegall and @scotussegall on TikTok

The podcast is @courtpod on Twitter and May it Displease the Court on Facebook, Instagram and TikTok

Drop an email at mayitdispleasethecourt@gmail.com. 

We would also love to rate and review the show. It helps others find the program.

Sources:

• Originalism as Faith
• https://www.abebooks.com/Originalism-Faith-Segall-Eric-J-Cambridge/30213915736/bd?cm_mmc=msn-_-comus_shopp_textbook-_-naa-_-naa&msclkid=a2162b84717d1beb3eb94831ae6abfb3 

• Read more from Prof. Segal - Originalism as Dangerous Nonsense
• http://www.dorfonlaw.org/2022/11/originalism-as-dangerous-nonsense.html?m=1 

• Additional References
• https://slate.com/news-and-politics/2022/06/alito-dobbs-opinion-ending-abortion-rights-extreme-lines.html 
• https://nysba.org/the-supreme-courts-bruen-decision-and-its-impact-what-comes-next/ 
• https://www.exposedbycmd.org/2021/11/29/koch-spent-nearly-150-million-2020 

• Article on Willie Simmons: 

https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/