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

Immigration and Citizenship
U.S. Supreme Court

Trump v. CASA, Trump v. Washington, and Trump v. New Jersey

In three cases, the Supreme Court is considering whether to partially stay preliminary injunctions blocking the Trump Administration’s executive order purporting to limit birthright citizenship to children who have at least one parent who is...
Rule of Law
April 14, 2025

Congressional Democrats Fight Back Against Trump’s Attacks on the FTC and Independent Agencies

Cory Booker Senate
Today, Senate and House Democrats filed an amicus brief opposing President Donald Trump’s unlawful attempt...
Access to Justice
U.S. Supreme Court

Beck v. United States

In Beck v. United States, the Supreme Court is considering whether servicemembers may sue the United States for money damages pursuant to the Federal Tort Claims Act when they are injured in the course of...
Rule of Law
U.S. District Court for the District of Columbia

Slaughter v. Trump

In Slaughter v. Trump, the United States District Court for the District of Columbia is considering whether Trump’s attempted firing of Commissioners Rebecca Slaughter and Alvaro Bedoya from the Federal Trade Commission was illegal.
Rule of Law
April 25, 2025

Is the US headed for a constitutional crisis?

Deutsche Welle
US President Donald Trump is issuing executive orders on a daily basis. So far, he’s...
Immigration and Citizenship
U.S. Court of Appeals for the Ninth Circuit

State of Washington v. Trump

In State of Washington v. Trump, the United States Court of Appeals for the Ninth Circuit is considering whether the Trump Administration’s executive order purporting to limit birthright citizenship to children who have at least...