Barbara, a case that challenges the constitutionality of President Donald Trump’s executive order purporting to redefine birthright citizenship. Although the Court has not yet put the case on the ...

Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...

One of the greatest honors of my career has been receiving the inaugural 2022 Edwin Meese III Originalism Award. My lecture was titled Originalism and Stare Decisis in the Lower Courts. The winners in ...

Five decades ago, originalism wasn’t even an -ism. In the academy, at the bar, and on the courts, the Constitution was interpreted as a living, breathing document. Contemporary values mattered more ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Tradition may have been a balancing force ...

In this new year's trends, it’s out with originalism and in with “Common Good Constitutionalism” or CGC for short.

BURLINGTON U.S. Supreme Court Associate Justice Antonin Scalia brought his legal doctrine of constitutional originalism to the University of Vermont on Friday. Speaking before a full house of about ...

The past is myriad. When we search the past, whether our own memories or the historical record, we open ourselves to a variety of cognitive biases. Our belief that our memories are accurate and ...

The United States Constitution remains one of the highest protections of individual freedoms; however, these rights remain frequently ignored, eroded, or denied despite protections for current and ...