State Judges Critique Originalism

From The Brennan Center: “The debate over relying on “history and tradition” in constitutional interpretation — known as originalism — is also playing out in state supreme courts, where justices “echo federal judges’ arguments and raise state-specific concerns of their own,” writes the Brennan Center’s Chihiro Isozaki. Judges’ critiques include that originalism reinforces the subordination of marginalized groups and that it’s a veneer for subjective value judgments. READ MORE

Leave a comment