The Fight Against Originalism Continues

In its last term, the Supreme Court undermined the federal government’s power to solve problems and the people’s ability to hold their political leaders accountable. The Court was flooded with false historical arguments, and the justices relied on profoundly flawed ideas about the deep American past to help justify their radical overhaul of the law. Additionally, the Court’s conservative supermajority was forced to confront the implications of one of its most damaging originalist rulings, Bruen, which undermined gun control nationwide. Meanwhile, in lower courts around the country, judges are dealing with a deluge of cases under the Court’s new history-based rules about abortion, guns, and affirmative action.

Where does the fight against originalism stand in 2024? And what might come next?

Listen to a recording of our virtual discussion with leading historians and Brennan Center experts exploring some of the Supreme Court’s most significant recent rulings, how they’ll shape upcoming legal debate, and how the Court’s disastrous originalist opinions are affecting hundreds of millions of lives.

Speakers:

• Jonathan Gienapp, Associate Professor of Law, Associate Professor of History, Stanford University; Author, Against Constitutional Originalism: A Historical Critique

• Gautham Rao, Associate Professor of History, American University

• Rachel Shelden, Associate Professor of History, Director of George and Ann Richards Civil War Era Center, Pennsylvania State University

• Thomas Wolf, Director of Democracy Initiatives, Founder of Historians Council on the Constitution, Brennan Center

• Moderator: Kareem Crayton, Vice President for Washington, DC, Brennan Center

Produced with support from the Kohlberg Center on the U.S. Supreme Court. Recorded on October 2, 2024.

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You can check out Jonathan Gienapp’s book here: https://bookshop.org/p/books/against-constitutional-originalism-a-historical-critique-jonathan-gienapp/21320944?ean=9780300265859

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