originalism

Forward to the Past

Outrage continues over Justice Neil Gorsuch’s recent remarks that policy responses to COVID-19 may represent “the greatest intrusion of civil liberties in the peacetime history of this country.” Slavery, the historical exclusion of women and non-property owners from voting, Jim Crow, the abuses of the Red Scares and an infinite list of other violations of […]

The Conundrums of Justice Scalia

The passing of Supreme Court Justice Antonin “Nino” Scalia evoked widespread commentary about how outspoken he was both on the Court and at law schools and other forums where he often lectured and sometimes tangled with audiences. Knowing of Justice Scalia’s unusual expressiveness for a jurist, my colleague Robert Weissman and I wrote him a challenging letter in 2006, starting with these words: