How Originalism Ate the Law: The Trick

Amicus With Dahlia Lithwick | Law, justice, and the courts

Slate Podcasts

News Commentary, Politics, Government, News

4.6 • 3.1K Ratings

🗓️ 4 May 2024

⏱️ 49 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

Get your tickets for Amicus Live in Washington DC here. In this, the first part of a special series on Amicus and at Slate.com, we are lifting the lid on an old-timey sounding method of constitutional interpretation that has unleashed a revolution in our courts, and an assault on our rights. But originalism’s origins are much more recent than you suppose, and its effects much more widespread than the constitutional earthquakes of overturning settled precedent like Roe v Wade or supercharging gun rights as in Heller and Bruen. Originalism’s aftershocks are being felt throughout the courts, the law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0	Sign up to the economist for in-depth
0:03.0	expert analysis of world events
0:06.0	and topics ranging from business and culture
0:08.0	to science and technology.
0:10.0	You'll get the weekly digital edition, online only articles,
0:13.6	curated newsletters on politics, the markets, science, culture and China.
0:18.3	And full access to The Economist Podcast Plus.
0:21.6	The Economist is Independent Journalism for Independent Thinking.
0:25.8	Go to Economist.com and get your first month free.
0:30.0	Shadlaid, a brand new original series on Disney Plus.
0:34.0	I have a most important task for you, a murderer, is to be found.
0:38.0	Based on the best-selling book series,
0:40.0	the motive is established, the culprit will follow.
0:42.0	Starring Arthur Hughes, Anthony Boyle. The motive is established. The culprit will follow.
0:42.8	Starring Arthur Hughes, Anthony Boyle, and Sean Bean.
0:46.8	The house must fall. I will discover the truth.
0:50.8	Shard Lake, a new original series streaming May 1st exclusively on Disney Plus.
0:57.0	18-plus subscription required tease and see supply.
1:00.0	Over the past four decades, a revolution in robes has changed the way America does constitutional
1:07.0	law and therefore how all Americans live their lives.
1:11.8	Remember how mad you were after Dobbs, after Bruin? After the Supreme Court
1:17.2	swept away affirmative action and the separation of church and state? Every one of those developments is traceable to the near monopoly of an old sounding,
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Slate Podcasts, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Slate Podcasts and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.