For decades, debates over the Constitution divided along familiar lines. Progressives professed faith in a “living Constitution,” while conservatives claimed fidelity to originalism. In recent Terms, however, this dynamic has changed. The Court’s progressive wing – led first by Justice John Paul Stevens and, since his retirement, Justice Ruth Bader Ginsburg, and aided by leading academics and practitioners – have begun to stake their own claim to the Constitution’s text and history.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=204678