Fictional worlds can be a total dream — until the legal system turns into a nightmare. From wizarding mishaps to galactic treaties, we look at how imaginary laws mirror our own messy struggles with ...

Barbara, a case that challenges the constitutionality of President Donald Trump’s executive order purporting to redefine birthright citizenship. Although the Court has not yet put the case on the ...

Last year, more than 40,000 people were killed by guns in the United States. Gun violence is now the No. 1 killer of children in America, and every month, about 70 American women are murdered by ...

In this new year's trends, it’s out with originalism and in with “Common Good Constitutionalism” or CGC for short.

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 ...

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 ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...

Justice Amy Coney Barrett’s new book, Listening to the Law, is an excellent read. I’ve strongly recommended it to my students and agree with Will Baude that it’s the best “single book” right now “to ...

In a Politico article yesterday, reporter Josh Gerstein states that a “rift is emerging among the Supreme Court’s conservatives” over how the Court “should … use ‘history and tradition’ to decide ...

The U.S. Supreme Court's new term is here, offering new opportunities for the justices to remake our constitutional rights in the name of history. In its last two terms alone, the court did just that ...

Originalism is viewed by many as unrealistic because 18 th -century authors could not have predicted modern technologies or social norms. But this objection misunderstands how originalism works. The ...

Originalism has become the predominant form of constitutional interpretation in the Supreme Court, a rebuttal to the notion that the Constitution is a living document whose meaning evolves with the ...