Originalism should be guided by what the Framers and lawmakers rather than the general public understood the text to mean at ...

Justice Alito calls himself a “practical originalist.” What he means by that doesn't sound very originalist at all.

Alito’s nominal adherence to originalism even as he struggles to revamp it is but one indication that the doctrine is ...

The Question of Emissions Liability Finally Heads to the Right Court The Minneapolis City Council Auto Know Better Mike Lawler Plants His Flag on Common Ground Insurance Reform Is the Bipartisan ...

Supreme Court justices write and publish books from time to time. Some, like the autobiographies of Clarence Thomas and Sonia ...

An expert unpacks the Constitutional approach favored by a majority of Supreme Court justices — and its alternative.

This is the chapter’s central contribution. Alito does not dilute originalism; he disciplines it. Judging requires historical ...

American law has not historically been good to women, and whatever progress there once was is now vulnerable to regression. This return is being midwifed into the world by the theory of constitutional ...

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

His recent Wall Street Journal column on this subject makes some interesting points, but raises more questions than answers.

Constitutional originalists have been doing a victory lap after Ketanji Brown Jackson declared, in her confirmation hearing, “I believe that the Constitution is fixed in its meaning. I believe that it ...

The late Supreme Court Justice Antonin Scalia, a passionate advocate of originalism, staunchly insisted that the meaning of the Constitution does not change. His views were embraced by the Republican ...