Originalism after Dobbs, Bruen, and Kennedy
What is the proper role of "history and tradition" in originalist interpretation? Do Dobbs, Bruen, & Kennedy pose a challenge to originalism?
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What is the proper role of "history and tradition" in originalist interpretation? Do Dobbs, Bruen, & Kennedy pose a challenge to originalism?
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Randy E. Barnett (Georgetown University Law Center) & Lawrence B. Solum (University of Virginia School of Law) have posted Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition on SSRN. Here is the abstract: In three recent...