Tag Archives: Judge

A Watershed Moment for New Originalism

A New Era For Constitutional Law and Theory

If 1987 marked the downfall of originalism, then 2017 might be known as the comeback, thanks to Judge Gorsuch, an originalist who has testified to his adherence to the “original public meaning.”

Twenty years ago Robert Bork, a self-professed originalist, failed to earn enough votes to make it to the Nation’s highest court. And originalism ventured into an isolated wilderness. Now, Judge Gorsuch, who has brought originalism out of obscurity, is also bringing originalism squarely into the mainstream. Given an impending confirmation vote for him in late spring, Judge Gorsuch’s ascension to the bench will likely normalize originalism in many academic and political circles.

This is important for two of many reasons. First, state-of-the-art originalism, as a method of constitutional interpretation, is arguably the best-suited for the task. Second, originalism has the ability to appeal to individuals of all stripes, from left to right on the political spectrum.

Continue reading