For or Against Constitutional Originalism?: A Debate
Stanford University professor Jonathan Gienapp, author of the new book, Against Constitutional Originalism: A Historical Critique, is joined by Stephen Sachs of Harvard Law School to discuss Gienapp’s challenge to originalists’ unspoken assumptions about the Constitution, the history of originalism…
For or Against Constitutional Originalism?
Jonathan Gienapp of Stanford University and Stephen Sachs of Harvard Law School join Chief Scholar Thomas Donnelly to discuss Gienapp’s new book, Against Constitutional Originalism: A Historical Critique. They review the history of originalism and debate the role of originalism in constitutional in…
Judicial Notice (05.18.25): The Other ‘Ninth Circus’
D. John Sauer, at his confirmation hearing to serve as U.S. solicitor general.
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Emergency Docket, Shadow Docket—What The Heck Do We Call This Thing?
The Supreme Court of the United States.
Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can s…
A Conversation with Will Baude
Our conversation with Will Baude covers his ideas about originalism as "our law" and the implications of his position for a constitution--ours, perhaps--that isn't normatively attractive overall.
Burkeanism and the Administrative State
As an early Christmas present for David French, Sarah Isgur invites professors Will Baude and Julian Davis Mortenson on the podcast to answer all questions about originalism. But first, should an IQ test determine whether someone will be sentenced to death?
The Agenda:—Listener emails—United State…
What Are the Liberties Not in the Constitution?
Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps).
On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a Califor…
Justices Kagan And Barrett Are The Spokeswomen SCOTUS Needs Right Now
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Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by …
Shoe of Damocles
We're back after a break, and the August interim docket handed us two per curiam standing rulings. In Trump v. California, the Court stayed the injunction against the mail-ballot executive order because the states' injuries were too hypothetical, even as the Postal Service's final rule has already …
Will Baude and the General Law
For our maiden voyage on “Law Office History” we welcome aboard Will Baude of the University of Chicago. After exploring his heady days as an Institute for Justice summer clerk we venture into the arguments he, Jud Campbell, and Steve Sachs made in the pages of the Stanford Law Review a couple of y…
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