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Adam Liptak, the New York Times’ Supreme Court reporter, recently published an article in which he claims that Brown v. Board of Education, the case that held that the Equal Protection Clause of the Fourteenth Amendment prohibits racial segregation in public schools, is “problematic for originalists.” He goes a step further, claiming that “originalists hate talking about Brown.”
The judicial theory has been a major talking point during the Supreme Court’s last term. But what does it actually mean?
Legal scholars continue to explore the frontier of constitutional interpretation, with recent books by Ilan Wurman (The Second Founding; A Debt Against the Living), Kurt Lash (The Fourteenth Amendment and the Privileges and Immunities of American Citizenship; The Reconstruction Amendments), Randy Barnett (The Original Meaning of the Fourteenth Amendment; Our Republican Constitution), and many others.