Tag

Originalism

All articles tagged with #originalism

law1 month ago•6 min saved

Birthright Citizenship Sparks Split in the Court's Originalist Debate

The Supreme Court shows a fissure in originalist thinking over birthright citizenship: Roberts writes for the majority upholding birthright under the Fourteenth Amendment, joined by Barrett and the court's liberal justices; Justices Thomas and Alito dissent, with Gorsuch partly aligning, and Kavanaugh voting with the majority, suggesting Congress could legislate exceptions. The ruling highlights the ongoing clash between a strict originalist reading and evolving circumstances in immigration and other issues, foreshadowing further debate.

via Los Angeles Times|

#birthright-citizenship #fourteenth-amendment #immigration

politics2 months ago•0 min saved

Trump panel urges originalist rethink of church‑state separation

The Trump administration's Religious Liberty Commission released a draft report arguing that the traditional separation of church and state is a legal error and urged Americans to view religion as an essential support and to remember the Creator, while calling on the Justice Department to issue guidance that promotes an originalist understanding of how the Constitution treats religion and government.

via The Washington Post|

#church-state-separation #constitution #justice-department

law-and-politics10 months ago•2 min saved

Supreme Court Faces Key Cases on LGBTQ Rights and Conversion Therapy

The article criticizes Supreme Court Justices Alito and Barrett for undermining the principle of originalism by dismissing expert consensus in favor of ideological and political motives, highlighting a hypocrisy in their reliance on professional opinion when it suits their outcomes, despite their criticism of such consensus in other contexts.

via Daily Kos|

#justice-alito #justice-barrett #law-and-politics

law-and-politics2 years ago•4 min saved

"Supreme Court's Selective Originalist Approach: Impact on Trump and Colorado Ballot Ban Case"

Critics argue that the Supreme Court's recent ruling on Trump's ballot eligibility shows a selective application of the conservative legal methodology of originalism, with little originalist analysis in the decision. Some conservative legal scholars and former judges have criticized the ruling as judicial activism and a departure from originalist principles. The court's 6-3 conservative majority has faced scrutiny for allegedly ignoring originalist arguments in cases such as abortion rights and affirmative action, leading to liberal outcomes. The debate over the court's adherence to originalism continues to spark controversy and criticism from legal scholars on both sides of the political spectrum.

via NBC News|

#conservative-justices #criticism #law-and-politics

politics3 years ago•9 min saved

SCOTUS Supermajority's Impact on Abortion and Gun Policies.

Constitutional lawyer Michael Waldman argues that the conservative supermajority on the Supreme Court, including three appointees of President Trump, have defied longstanding precedents and rendered far-reaching decisions on gun control, reproductive rights, environmental regulations, and voting rights. Waldman says that the principle of "originalism" is fundamentally flawed and that state courts and state constitutions can be a strong bulwark for protection of rights, for advancement of equality, for promoting democracy.

via NPR|

#conservative-justices #originalism #politics