Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...

Criticisms of originalism are nothing new. The frequency and intensity of originalism’s critics, however, have multiplied since the latest blockbuster Supreme Court decisions on gun rights and ...

Supreme Court Justice Stephen Breyer announced Wednesday that he would retire, reigniting a debate on judicial philosophies like constitutional originalism as President Biden considers candidates to ...

Gregory J. Sullivan says the Supreme Court’s originalist majority has betrayed the originalist project in their Second Amendment cases, which, he says, are a cover for the “exercise of raw judicial ...

Adrian Vermeule leads a growing chorus of critics on the right heralding some form of common goodism as the locus of constitutional interpretation in the judicial system. In “Common Good ...

Prefer Newsweek on Google to see more of our trusted coverage when you search. The U.S. Supreme Court's new term is here, offering new opportunities for the justices to remake our constitutional ...

Supreme Court Justice Ketanji Brown Jackson argues the framers of the 14th Amendment adopted it “in a race-conscious way,” a position some legal experts say is subject to debate. Jackson, the first ...

In 1987, the Senate resoundingly rejected the nomination of Judge Robert Bork for the Supreme Court because it found his originalist views unacceptable. As a law professor, Bork argued that the ...

The Supreme Court is poised to deliver a series of rulings this term that dramatically expand President Donald Trump’s powers. Chief Justice John Roberts and his colleagues will likely claim that they ...

Some are turning away from a founding idea, originalism. By William Baude Mr. Baude is a professor of law at the University of Chicago Law School. See more of our coverage in your search ...