Wednesday, October 2, 2013

Progressives and Originalism

Doug Kendall and Tom Donnelly over at the Text & History Blog at the Constitutional Accountability Center write that constitutional originalism isn't just for conservatives anymore.  They say that those on the left are now using the Constitution's text and originalism in support of their own progressive interpretations:

The Court's progressive wing--led first by Justice John Paul Stevens and, since his retirement, Justice Ruth Bader Ginsburg, and aided by leading academics and practitioners--have begun to stake their own claim to the Constitution's text and history.

Kendall and Donnelly cite Shelby County v. Holder from last Term, and McCutcheon v. FEC, NLRB v. Noel Canning, and Bond v. United States this Term as cases where progressives have weighed in with their own originalism arguments.  The post contains links to amicus briefs with those arguments in those cases.

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