The fight against originalism continues

In its final term, the Supreme Court undermined the federal government's power to solve problems and the people's ability to hold their political leaders accountable. The Court was inundated with false historical arguments, and the justices relied on deeply misconceptions about the deep American past to justify their radical overhaul of the law. Moreover, the Court's conservative supermajority was forced to grapple with the consequences of one of its most damaging originalist rulings, Bruenthat undermined gun control across the country. Meanwhile, judges in lower courts across the country are dealing with a flood of cases under the court's new “history”-based rules on abortion, guns and affirmative action.

Where does the fight against originalism stand in 2024? And what might come next?

Join us on Wednesday, October 2, at 1 p.m. ET for our live virtual event, where leading historians and experts from the Brennan Center will examine some of the Court's most important recent rulings, how they will shape upcoming legal debates, and how the Court's devastating originalist opinions impact hundreds of millions of lives.

Produced in collaboration with the Organization of American Historians

Speakers:

• Jonathan Gienapp, Associate Professor of Law, Associate Professor of History, Stanford University; Author, Against constitutional originalism: A historical critique
• Gautham Rao, Associate Professor of History, American University
• Rachel Shelden, Associate Professor of History, Director of the George and Ann Richards Civil War Era Center, Pennsylvania State University
• Thomas Wolf, Director of Democracy Initiatives, Founder of the Historians Council on the Constitution, Brennan Center
• Moderator: Kareem Crayton, Vice President for Washington, DC, Brennan Center