Politics

Liberal constitutional agenda is failing outside law school classrooms

Theories put forward by the left have not resonated with the public

Originalism is easy to understand and sell

Trump administration violated constitutional norms

The Federalist Society was created when liberalism of Warren court era still influenced Supreme Court

The goal of Federalists was not just to replace those justices but also to come up with an ideological framework that could replace that of earlier era

Rejection of historical grounding for abortion rights led to 2022 Dobbs decision which overturned Roe v Wade

Chief Justice Roberts' opinion in Trump v United States cited few Constitution provisions

Affirmative message is needed around constitutional interpretation

Supreme Court conservatives sometimes ignore Constitution text to reach favored results

In 18th and 19th centuries no public understanding existed that Bill of Rights or Civil War amendments protected abortion rights

Republican appointees came to dominate the court

Originalists used their reading of Constitution history to establish right to bear arms and forbid affirmative action

Supreme Court determined to interpret Constitution provisions by looking to founding time and original public meaning

Many framers did not believe their intentions should bind future generations

Justice Kavanaugh wrote speaking Spanish or English with accent was legitimate reason for immigration stops

Mr Brest rejects originalism and believes in different Constitution interpretation

Liberals have created alternatives to originalism

William J Brennan Jr endorsed a living Constitution

Stephen Breyer embraced pragmatic approach endorsing workable solutions