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How Originalism Ate The Law: The Trap

How Originalism Ate The Law: The Trap

FromAmicus With Dahlia Lithwick | Law, justice, and the courts


How Originalism Ate The Law: The Trap

FromAmicus With Dahlia Lithwick | Law, justice, and the courts

ratings:
Length:
53 minutes
Released:
May 11, 2024
Format:
Podcast episode

Description

Get your tickets for Amicus Live in Washington DC here. 
In the second part of our series on Amicus and at Slate.com, Dahlia Lithwick and Mark Joseph Stern are back on the originalism beat. This week they’re trying to understand the mechanisms of what Professor Saul Cornell calls “the originalism industrial complex” and how those mechanisms plug into the highest court in the land. They’re also asking how and why liberals failed to find an effective answer to originalism, even as the various “originalist” ways of deciding who’s history counts, what constitutional law counts, which people count, were supercharged by Trump’s SCOTUS picks. Madiba Dennie, author of The Originalism Trap, highlights how the Supreme Court turned to originalism to gut voting rights. In 2022, the US Supreme Court’s originalism binge ran roughshod over precedent and unleashed Dobbs and Bruen on the American people - Mark and Dahlia talk to a state Supreme Court justice about what it’s like trying to apply the law amid these constitutional earthquakes. 
In today’s Slate Plus bonus episode, Dahlia talks to AJ Jacobs about his year of living constitutionally, and she confesses to an attempt to smuggle contraband into One, First Street. 
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Released:
May 11, 2024
Format:
Podcast episode

Titles in the series (100)

A show about the law and the nine Supreme Court justices who interpret it for the rest of America.