09-08-2022

Shailja Kaushik

09-08-2022

Articles

How the scourge of originalism is taking over the Supreme Court

In 1987, the Senate resoundingly rejected the nomination of Judge Robert Bork for the Supreme Court because it found his originalist views unacceptable. As a law professor, Bork argued that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by amendment.

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The Growing Originalist Case for Brown v. Board of Education

In my prior post, I noted that the unconstitutionality of Jim Crow is often mistakenly considered to be identical with the constitutionality of Brown. In this post, I want to note some new evidence that provides additional support for the constitutionality of Brown under the original meaning.

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