Tuesday, October 29, 2013
Courts - IU Maurer law professor Dawn Johnsen on "the demise of originalism"
IU Maurer Law Professor Dawn Johnsen, about whom the ILB had many posts in the past (actually more than I'd remembered), has recently published an issue brief titled “Windsor, Shelby County, and the Demise of Originalism: A Personal Account,” in which, according to the ACS blurb:
Johnsen examines the Court’s rejection of a methodology that “seeks to interpret the Constitution with reference only to the text and the original meaning of the Framers defined at the most specific level of meaning at the time of the provision’s adoption.” Johnsen contends that this approach, most strongly identified with Justice Scalia on the Court, the late Robert Bork in academia, and President Reagan’s Attorney General Edwin Meese in politics and government, is “utterly irreconcilable with Windsor and Shelby County,” the Court’s recent decisions striking down provisions of the Defense of Marriage Act and the Voting Rights Act. As she explains, “Windsor  reflects not only constitutional change in the direction of more expansive judicial protection of equal protection and due process, but also fidelity to a mainstream approach to interpreting the Constitution that considers a range of sources and methods and allows for the consideration of evolving social norms and constitutional understandings.”Access it here, via the ACS site.
Posted by Marcia Oddi on October 29, 2013 01:50 PM
Posted to Courts in general