How Originalism Ate The Law: What We Can Do About It
Part three of our Originalism series examines how SCOTUS became captive and what we can do about it, in a live edition with Hawaii State Supreme Court Justice Todd Eddins, Madiba Dennie, and Slate’s Mark Joseph Stern.
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Episode Notes
In the third and final part of our How Originalism Ate the Law series, Dahlia Lithwick and Mark Joseph Stern are joined by Justice Todd Eddins of the Hawaii Supreme Court and Madiba Dennie, author of The Originalism Trap. Being trapped by originalism is a choice, one that judges, lawyers, and the American people do not have to accede to. Our expert panel offers ideas and action points for pushing back against a mode of constitutional interpretation that has had deadly consequences. And they answer questions from our listeners.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
Dahlia’s book Lady Justice: Women, the Law, and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
Lady Justice: Women, the Law and the Battle to Save America
Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won.
