Originalism is a type of judicial interpretation of a constitution (especially the U.S. Constitution) that aims to follow how it would have been understood or was intended to be understood at the time it was written. With the addition of Justice Amy Coney Barrett to the High Court, there are now 4 avowed originalists on the Supreme Court including: Justices Thomas, Gorsuch, and Kavanaugh.
Originalism has been cited in recent landmark decisions including Dobbs & Bruen, but are these justices abiding by the true definition of the word? Are they truly originalists? Or are they picking and choosing their history based on their ideology?
In this episode, host Craig Williams joins guest David H. Gans, Director of the Human Rights, Civil Rights & Citizenship Program at the Constitutional Accountability Center to discuss SCOTUS' move toward originalism, the impact, and the conflict between Justice Thomas' and Justice Jackson's views.