The values of the justices matter — a lot.

Since joining the high court in 2006, Alito has become one of the nation’s most influential conservative voices and a leading ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

Last year, more than 40,000 people were killed by guns in the United States. Gun violence is now the No. 1 killer of children in America, and every month, about 70 American women are murdered by ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...

Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...

In a Politico article yesterday, reporter Josh Gerstein states that a “rift is emerging among the Supreme Court’s conservatives” over how the Court “should … use ‘history and tradition’ to decide ...

The full title of Erwin Chemerinsky’s book says it all: Worse Than Nothing — The Dangerous Fallacy of Originalism. Chemerinsky, the dean of Berkeley Law School, tells readers that the doctrine of ...

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 ...

History professor Jonathan Gienapp criticized constitutional originalism for its insufficient understanding of the period in which the Constitution was written at his Tuesday talk, titled “History and ...

To the editor: As a professor of religious studies at Cal State Bakersfield, I realized years ago that legal originalism is the ill-conceived twin of religious fundamentalism. (“How the scourge of ...

Fictional worlds can be a total dream — until the legal system turns into a nightmare. From wizarding mishaps to galactic treaties, we look at how imaginary laws mirror our own messy struggles with ...