What is originalism? Did it underpin the Supreme Court’s ruling on abortion and guns? Debunking the myths
Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.”
The court’s opinions do, in fact, reflect originalist methodology to an important extent. In New York State Rifle & Pistol Association Inc. v. Bruen, a Second Amendment case, the majority opinion sought “the public understanding of the right to keep and bear arms in both 1791 and 1868.” And in Dobbs v. Jackson Women’s Health Organization, the majority examined whether the right to abortion is “rooted in our Nation’s history and tradition.”
Indeed, of the nine justices on the bench, at least five are now self-avowed “originalists,” with others seemingly sympathetic to the interpretive method. Despite – or perhaps because of – originalism’s rising prominence, misconceptions about this theory of constitutional interpretation have swirled: Isn’t originalism self-defeating because the founders weren’t originalist? Don’t originalists ignore the amendments written after 1789? Do originalists think the Constitution applies only to horse-drawn carriages and muskets?