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I Call Rigamarole (Or Taradiddle) On 'Originalist' Justices, Rachel A. Van Cleave
I Call Rigamarole (Or Taradiddle) On 'Originalist' Justices, Rachel A. Van Cleave
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Last week, while Supreme Court nominee Amy Coney Barrett was holding forth about how she applies originalism, invoking her mentor and former boss Justice Antonin Scalia, current Supreme Court justices were undermining an originalist opinion authored by Scalia. Nominee Barrett explained originalism: “I understand [the Constitution] to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time, and it’s not up to me to update it or infuse my own policy views into it.”
Oral arguments in Torres v. Madrid make clear that, for some justices, originalism is appropriate, except when …
The 2020 Supreme Court Term In The Shadow Of Blm, Metoo, And The Notorious Rbg, Rachel A. Van Cleave
The 2020 Supreme Court Term In The Shadow Of Blm, Metoo, And The Notorious Rbg, Rachel A. Van Cleave
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The upcoming Supreme Court term comes in the context of widespread protests about police violence, the criminal (in)justice system, continuing fallout from the #MeToo movement, and the death of iconic Supreme Court Justice Ruth Bader Ginsburg. The court has agreed to hear cases that involve the enduring white supremist legacy of a Louisiana law that allowed for non-unanimous jury criminal convictions, standards for evaluating excessive use of force by police, what is required to sentence a juvenile to life without parole, and military sexual violence.
It is imperative that the Court acknowledge the difficult truths that Black Lives Matter protesters, …