Originalism Is Dead. Long Live Catholic Natural Law.
On the “postliberal” future of the federal courts Illustration by Michelle Rohn The New York Times published an opinion essay by Berkeley law professor (and law school dean) Erwin Chemerinsky originally titled “Amy Coney Barrett’s Originalism Threatens Our Freedoms.” Chemerinsky took aim at the fossilizing impact of “originalism,” the conservative theory of constitutional jurisprudence that declares that only the literal meaning of the Constitution’s text, along with what we know about the “intent” of the Founders, can guide the courts when they interpret laws. The case a...