Courts

Exposing The Originalism Lie

The alternative that we need to embrace.

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JAB174 SQUARE

In this episode, I chat with Madiba Dennie, deputy editor at Balls and Strikes, about her new book, “The Originalism Trap.” Discover how originalist ideology affects our legal system, and why it’s crucial to challenge it. A must-listen for anyone curious about the evolving role of law and justice!

Highlights

  • Potential of the law to help or hurt people.
  • Mediba’s career path in public interest law.
  • Transition from legal practice to legal commentary.
  • Writing process of “The Originalism Trap.”
  • The Originalism Trap: Motivation behind writing the book.
  • Importance of reconstruction amendments in refuting originalism.
  • Modern consequences of originalism: Dobbs and Bruen cases.
  • Originalism’s flawed historical analysis.
  • Originalism’s strategic organizational success.
  • Federalist Society’s influence on conservative legal professionals.
  • Inclusive constitutionalism as a counter to originalism.
  • Effective communication: Making interpretations matter to regular people.
  • The broader impact of judicial decisions on various issues.
  • Emerging positive trends: Law students and optimism.
  • Understanding history to drive change and hope.

The Jabot podcast is an offshoot of the Above the Law brand focused on the challenges women, people of color, LGBTQIA, and other diverse populations face in the legal industry. Our name comes from none other than the Notorious Ruth Bader Ginsburg and the jabot (decorative collar) she wore when delivering dissents from the bench. It’s a reminder that even when we aren’t winning, we’re still a powerful force to be reckoned with.

Happy listening!

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Kathryn Rubino HeadshotKathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

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