Originalism
Originalism: What it is, what it isn’t and why it’s the most democratic option for the Supreme Court
A majority of Supreme Court justices follow originalism, the mode of constitutional interpretation championed by late Justice Antonin Scalia. A former Scalia law clerk explains what originalism means.
Justice Jackson’s birthright citizenship opinion includes Black Americans in the story of the nation’s search for equality
Jackson’s concurrence traces the 14th Amendment to work done by people ‘beyond Congress’ and Black Americans who ‘helped galvanize the push for full equality.’