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Text & History Blog

Senator Grassley, the fact is we don’t know the full contours of Judge Garland’s view of the Constitution, because you’ve practically quit your job as Chair of the Judiciary Committee and run away from holding hearings. Public hearings are the way that Senators discover what a Supreme Court nominee...
When the Supreme Court hears oral argument in United States v. Texas, the challenge to President Obama’s executive action on immigration, later this month, one of the big issues the Court will be considering is whether the federal courts should be considering the challenge at all. If Chief Justice...
After Justice Antonin Scalia died, many speculated that originalism would die as well, without one of its most tireless adherents on the bench.  Not if Justice Ruth Bader Ginsburg has anything to say about it...Her masterful originalist opinion in Evenwel v. Abbott, decided earlier this week, is...
One hundred and fifty years ago, the Framers of the Fourteenth Amendment debated our Constitution’s system of equal representation, affirming that every person counts in our system of representative democracy. Earlier this week, in Evenwel v. Abbott, in a landmark opinion written by Justice Ruth...

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