Sunday, March 19, 2017

Hitting the Legal-History Books

On the eve of Judge Neil M. Gorsuch's confirmation hearings, here's Akhil Reed Amar's New York Times op-ed on originalisms, liberal and conservative.  "Judge Gorsuch should stress that he knows how much he does not (yet) know and that he is willing to learn by hitting the legal-history books and amicus briefs in the years ahead."

1 comment:

Shag from Brookline said...

Prof. Amar makes the point that the Warren Court included originalists, including with its decision in Brown v. Bd. of Educ. (1954 -Unanimous). But originalism - and the Federalist Society - as many know it today arose in response to the "activism" of the Warren - and Burger - Court in the 1970s. So there seems to be a clash of originalists long before the Heller 2nd A decision (5-4, 2008).