Originalism Is Our Law (At Least When It Suits Us)
Via Neil Siegel at Balkinization, 40 law professors have signed a letter concluding that Senator Kamala Harris is a natural born citizen and thus eligible for the presidency and the vice-presidency. The letter’s argument generally parallels my thoughts on the...
Judicial Consensus and Judicial Constraint
David Orentlicher (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Judicial Consensus (31 pages) on SSRN. Here is the abstract: Like Congress and other deliberative bodies, the Supreme Court decides its cases by majority vote. If at least...
Originalism and the Impeachment Hearings (so far)
Apparently the law professors’ testimony in the impeachment hearings last week had a fair bit of originalist-oriented discussion. Michael Dorf and Saul Cornell have different views on whether that’s appropriate for (presumably) non-originalist scholars. ...