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The Political Scene | The New Yorker

Jill Lepore Talks to David Remnick About Originalism

The Political Scene | The New Yorker

The New Yorker

President, Barack, News, Politics, Wnyc, Obama, Lizza, Washington, Wickenden

4.33.9K Ratings

🗓️ 27 March 2017

⏱️ 15 minutes

🧾️ Download transcript

Summary

We have yet to learn just how closely the views of the Supreme Court nominee Neil Gorsuch resemble those of the late Justice Antonin Scalia, a staunch conservative and a standard-bearer for the legal philosophy known as originalism. Originalists claim to interpret the Constitution by relying on its words and on the contemporary writings of the Constitution's framers. The New Yorker staff writer Jill Lepore, a professor of history, says that Gorsuch has been candid about the limitations of historical thinking. But she also notes that liberal jurists, for their part, have become more engaged in historical research to bolster their decisions, and thus are “out-originalizing originalists.”

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Transcript

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I'm Dorothy Wickendon.

0:50.6

On today's Politics and More podcast, David Remnick talks with Jill Lepore.

0:54.6

As debate over prospective Supreme Court Justice Neil Gorsuch continues in Congress,

1:00.0

Lepore discusses how history informs the way Gorsuch and others think about the law.

1:05.0

Now, last week, Neil Gorsuch took questions from the Senate Judiciary Committee in his bid to fill

1:12.3

the seat that Justice Scalia had held for so long on the Supreme Court. One question that

1:17.5

conservatives and liberals alike have been asking is how does Gorsuch's legal philosophy compare

1:23.3

to Scalia's? And to understand that, you have to look not just at the record of his decisions

1:28.2

as a judge, which is important enough, but at its view of history, that's what Jill Lippor

1:34.0

tells us. Jill is both a staff writer at the magazine and a historian. She wrote a fantastic

1:39.5

essay recently about the Supreme Court, history, and the law. Now, Joe, before we get to Neil Gorsuch,

1:46.4

I think you should start by describing what you call the history test, not the kind of test

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