The legal philosophy of originalism, its development, and its role in the conservative legal movement's arguments against Roe v. Wade are discussed in detail.
The episode touches on the Supreme Court's shift towards originalism and reliance on historical traditions in interpreting the Second Amendment, as exemplified in cases like Bruen.
The panel critiques the Supreme Court's use of originalism as a means to consolidate power and disregard precedent, particularly in cases like Rahimi v. United States.
The podcast episodes provided discuss the topic of Originalism, a judicial philosophy that seeks to interpret the Constitution based on the original meaning of its text at the time of the founding.
Several episodes, such as Originalism 101 (with Dahlia Lithwick) and How Originalism Ate the Law: The Trick, delve deep into the origins, rise, and impacts of Originalism, exploring how it has become a dominant approach on the Supreme Court and its potential to undermine civil liberties and established precedents.
Other episodes, like SCOTUS News and Predictions (with Steve Vladeck) and Rahimi and The Roberts Court's All New, Also Old, Second Amendment Doctrine, analyze how Originalism has shaped the court's jurisprudence, particularly in areas like the Second Amendment and the overturning of past decisions like Roe v. Wade.