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Legal theory



  • Amy Coney Barrett’s Philosophy Has Far Worse Roots Than Most Americans Know

    by Simon Gilhooley

    At the core of originalism is a fundamentally conservative effort to limit the possibilities of our constitutional order to the imagination of historical figures from the 18th century, which included racial hierarchy and support for chattel slavery.



  • Amy Coney Barrett on Guns

    by Jake Charles

    A Second Amendment scholar examines the SCOTUS nominee's historical interpretation of prohibitions on individual firearm ownership, concluding that her record shows a commitment to gun rights but uncertainty about how she might rule on particular cases.