Earlier this month, the Supreme Court heard oral argument in the so-called "faithless electors" cases, Chiafalo v. Washington and Colorado Department of State v. Baca. Professor John McGinnis worries ...

Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...

Retired Justice Stephen Breyer knows his views about how to interpret the law are out of favor on the current U.S. Supreme Court. Still, he writes in a new book, "time from my perspective is an ally." ...

It’s a great time for liberals to brush up on their knowledge of originalism and textualism. These judicial theories, which say that judges should interpret constitutional provisions or statutes by ...

Gregory J. Sullivan says the Supreme Court’s originalist majority has betrayed the originalist project in their Second Amendment cases, which, he says, are a cover for the “exercise of raw judicial ...

The U.S. Supreme Court's new term is here, offering new opportunities for the justices to remake our constitutional rights in the name of history. In its last two terms alone, the court did just that ...

Originalism has featured prominently in each of the last three Supreme Court confirmation battles – those of Neil Gorsuch in 2017, Brett Kavanaugh in 2018 and now Amy Coney Barrett. Each time, ...

Originalists and living constitutionalists have been hammering away at each other for decades. But, up until recently, most living constitutionalists at least agreed that originalism qualifies as a ...

In “‘Originalist’ Judges Lose Sight of Truths that Precede Law” (op-ed, Sept. 30), Hadley Arkes proposes a “better originalism” that he thinks is rooted in the “moral ground of the Constitution.” But ...

Twitter finally lifted its suspension of the New York Post over its reporting on the laptop of Hunter Biden. The decision came two weeks after Twitter barred access to the story on his emails which ...

In Judge Neil Gorsuch’s third day of questioning, Democratic senators pressed the Supreme Court nominee on how he interprets the Constitution as well as the effect of partisan politics on the court.

Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.” The court’s opinions do, in fact, ...