Marjorie Cohn describes how Ketanji Brown Jackson crafted her own originalist argument to defend taking race into account when drawing voting district maps.
Turning the Tables on Right-Wing Jurists
Tag: Fourteenth Amendment
Justice Scalia’s ‘Originalist’ Hypocrisy
From the Archive: The death of U.S. Supreme Court Justice Scalia has prompted fawning eulogies about his legal brilliance and his heart-felt faith in constitutional “originalism,” but the reality is that he twisted the Framers’ thoughts into whatever was politically…