Originalist Sins

Conservative Justices like Antonin Scalia and Clarence Thomas get a great deal of criticism (from the left) and praise (from the right) for being “originalists” and committing to follow the “original meaning” of the Constitution’s text.  Constitutional Accountability Center comes at this debate from a different direction.  We think Justices Scalia and Thomas are right in taking the text and history of the Constitution very seriously — that’s what constitutional accountability is all about. Yet, too often, these Justices manipulate text, speculate wildly about the intentions of the framers, and end up far from the letter and spirit of the Constitution.   CAC’s series “Originalist Sins” highlights examples (old and new) of when judges purporting to be “originalists” twist the text and history of the Constitution or ignore the method they profess to follow. Read our posts below:

Justices Scalia, Alito Square Off on Originalism

Justice Scalia’s Originalist Sins

Don’t Trash the Constitution, Justice Scalia

LA Times Global Warming Denier: “If the Framers Didn’t Envision Global Warming, then Dealing with it is Unconstitutional.”

More from

Access to Justice
U.S. Court of Appeals for the Fifth Circuit

NAACP v. xAI

In NAACP v. xAI, the United States Court of Appeals for the Fifth Circuit considered whether the federal government can block people harmed by the operation of a massive power plant near their homes from...
Rule of Law
October 15, 2026

October 2026 Newsletter: In a New Supreme Court Term, CAC Defends the Environment, Workers’ Rights, and Civil Rights

There’s a litigant that the Roberts Court likes even more than Donald Trump: big business....
Criminal Law
U.S. Court of Appeals for the Fourth Circuit

Hayat v. Diaz

In Hayat v. Diaz, the United States Court of Appeals for the Fourth Circuit is considering whether police officers may forcibly enter homes without a warrant based only on “reasonable suspicion” of a crime.
Rule of Law
October 6, 2026

Supreme Court’s Alito Will Stay Even If Democrats Win Senate

Bloomberg
CAC Chief Counsel Brianne Gorod spoke to Bloomberg Law about Justice Alito’s reliable support for...
Civil and Human Rights
U.S. Court of Appeals for the Third Circuit

Williams v. Huner

In Williams v. Huner, the U.S. Court of Appeals for the Third Circuit is considering whether a Pennsylvania prison’s failure to provide a prisoner with rigid neck and wrist braces and effective pain medication violated...
Environmental Protection
October 5, 2026

CAC Release: To Escape Financial Liability for Global Warming Harms, Oil and Gas Companies Present Supreme Court with a Result in Search of a Rationale

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Suncor Energy...
By: Brian R. Frazelle