The Future of Progressive Originalism

The Future of Progressive Originalism: Justice Ketanji Brown ...

During her confirmation hearings in March 2022, Justice Jackson introduced herself to Congress as an originalist. [1] Legal originalism is a ...

Ketanji Brown Jackson and the Future of Progressive Originalism

The addition of Ketanji Brown Jackson to the US Supreme Court has the potential to kickstart a renaissance of progressive originalism.

Ketanji Brown Jackson and the Future of Progressive Originalism

Either the Constitution's meaning and intent are forever locked in the late 18th century, or they're not. Originalism has always suffered from a ...

Playing with Originalism - Cristian Farias - Inquest

Buried within this concern about the rise of originalism is the decades-old idea that the Supreme Court can be a tool for adopting progressive ...

Progressives Need to Support Justice Ketanji Brown Jackson

The second wave of progressive originalism was a reaction to what we now call the Lochner era. During this period, the Supreme Court seized upon ...

Should Progressives Embrace Originalism? - Balkinization

That is a practical question with strategic dimensions. If conservative originalists today distrust the sincerity of progressive originalism or ...

Ketanji Brown Jackson Has Perfected the Art of Originalism Jujitsu

Jackson's originalism has received the most attention in the context of race, and for good reason: Like most progressive originalists, she views ...

On being original: Racial classifications and the fallacy of a certain ...

Notwithstanding the clarity of the text, the “historical record” on which the progressive originalist appears principally to rely fails to ...

Launching Originalism Watch and Exploring Progressive Originalism

We apply the whole Constitution and so our Originalism Watch series aims to do two things. One, showcase the affirmative theory that the ...

An Originalist Future - The Federalist Society

Originalism is necessary to prevent people from changing the Constitution outside the amendment process, but a reinvigorated amendment process ...

Justice Jackson uses originalism to undercut 'conservative juristocracy'

Solum said the first wave of progressive originalism was led by abolitionist Frederick Douglass, who argued that the public meaning of ...

Back to the Future of Originalism

63 Randy Barnett, The Mirage of Progressive Originalism: A New Legal Theory Attempts—and fails—to Unite Leftist Politics with Constitutional ...

Originalism and Conservatism: An American Story

Originalism is the American political community's traditional way of interpreting its Constitution. This contrasts with the reasons given by the ...

On Originalism in Constitutional Interpretation

Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ...

The Sacrifice of the New Originalism - Scholarly Commons

189, 189 (2010) (arguing that Jack Balkin's originalism “is able to justify pretty much any results that the most ardently progressive constitutional heart ...

Race, Originalism, and Skepticism

Progressive and conservative originalists have attempted to alleviate this problem by relaxing the temporal fixity of originalism and by ...

The Founders' Originalism | National Affairs

Progressive originalism is synonymous with another law professor, Jack Balkin. Conservative originalism — the oldest version of originalism — is most ...

Originalism Carries On - The Federalist Society

He is very much a political progressive but, in the book's Introduction, he promises to discuss the Term in a neutral manner. Chemerinsky ...

How originalism supports affirmative action - UVA Law

The originalist theory of constitutional interpretation holds that the 14th Amendment's meaning was fixed by how people understood the amendment when it was ...

What is Originalism? The Evolution of Contemporary Originalist Theory

Because Ackerman's theory purported to legitimize progressive New. Deal constitutionalism, his view might have been construed as the polar opposite of ...