Analysis· The Conversation

Originalism: What it is, what it isn’t and why it’s the most democratic option for the Supreme Court

By Brian Fitzpatrick, Professor of Law, Vanderbilt University, The Conversation · September 28, 2026

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A majority of Supreme Court justices follow originalism, the mode of constitutional interpretation championed by late Justice Antonin Scalia. A former Scalia law clerk explains what originalism means.

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