Originalism, Politics, and the Supreme Court
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Osher (50+). In this course we discuss the current cases before the Supreme Court through the lens of originalism.
About this course:
In this course, we use the concept popularized by the late Justice Scalia as a lens through which we examine the current cases before the Supreme Court. In addition, we look at prior cases in which dissents from one or more justices were filed as a way to signal to their fellow justices and future litigants the path likely to lead to success. We examine whether originalism is rank judicial politics dressed up as principled judicial theory or an interpretation of the constitution based on its original understanding at the time it was adopted.