DeepSummary
The episode discusses the rise of originalism, a judicial philosophy that interprets the Constitution based on its original meaning at the time of its ratification. It examines how originalism gained prominence in conservative legal circles and was supercharged by Trump's Supreme Court appointments, allowing the court to overturn precedents such as Roe v. Wade and expand gun rights.
The speakers explore how liberals failed to effectively counter originalism, with some criticizing their reliance on historical arguments to challenge originalist rulings instead of presenting a coherent alternative. The episode also delves into how originalism has morphed and expanded beyond its stated constraints, becoming a tool for achieving conservative policy goals.
A state Supreme Court justice shares their experience of trying to apply the Supreme Court's new "history and tradition" test from cases like Bruen, while legal scholars highlight the destabilizing effect of originalism on the judicial system and the rule of law.
Key Episodes Takeaways
- Originalism, a judicial philosophy that interprets the Constitution based on its original meaning at ratification, gained prominence in conservative legal circles.
- Trump's Supreme Court appointments supercharged originalism, allowing the Court to overturn precedents like Roe v. Wade and expand gun rights.
- Liberals failed to present a coherent counter-narrative to originalism, often relying on historical arguments instead.
- Originalism has morphed beyond its stated constraints to achieve conservative policy goals, destabilizing the judicial system.
- Lower courts face practical challenges in applying the Supreme Court's new originalist tests and overturned precedents.
- The process of producing originalist legal scholarship lacks proper vetting and training.
- Judges are expected to interpret the Constitution as historians without adequate training or resources, leading to potential misapplication of the law.
- The Supreme Court's use of originalism has created uncertainty about the state of the law and the judicial system's ability to function effectively.
Top Episodes Quotes
- “When precedent is for suckers and we don't know whether settled law will become unsettled every June, it's really hard for the judiciary to function.“ by Todd Eddins
- “It makes it so difficult for courts throughout the land to operate.“ by Todd Eddins
- “What we also did in the case is we traced back the history and tradition of the kingdom of Hawaii. And if we trace back the tradition of our state, there absolutely was no right to carry lethal weapons in public for possible self defense.“ by Todd Eddins
- “When you trash the one set of tools that judges know how to use and then say, you guys have to, without any training, without any resources, become historians, that's a recipe for disaster.“ by Saul Cornell
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Episode Information
Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Podcasts
5/11/24