Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. “Original public meaning” has become the […] The post An ...

If you describe yourself as a liberal or a progressive, that probably means you have a low opinion of originalism, the school of constitutional thought that is closely identified with the conservative ...

Add Yahoo as a preferred source to see more of our stories on Google. In her book, Barrett makes a cogent case for originalism as the correct method of constitutional interpretation. In her view, ...

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America. Ponnuru might be right about conservatives’ rhetorical success, ...

American law has not historically been good to women, and whatever progress there once was is now vulnerable to regression. This return is being midwifed into the world by the theory of constitutional ...

Focusing on outcomes instead of legal reasoning has led many critics to misread how the Supreme Court actually works.

Justices left little doubt that the court will do what sanity requires — strike down an outrageous executive order as a violation of the Constitution.

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. Originalism is now the dominant approach to constitutional interpretation for the Republican ...

In advance of the release of his memoir, Life, Law & Liberty, retired Justice Anthony Kennedy sat down with Adam Liptak of the New York Times for an interview. The book discloses (or perhaps confirms) ...

This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. America is being led astray by a small handful of folks who are drunk-driving on ...

The U.S. Supreme Court may reinterpret what is considered a "cruel and unusual punishment." If they do, Albany might become a key research center for setting new guidelines. An electric chair, circa ...