We Are All Originalists Now… Sort of

MSLF attorney David McDonald published an op-ed in RealClearPolitics today on the enduring legacy of Justice Scalia.

During her 2010 Supreme Court confirmation hearings, Elena Kagan, fresh off a stint as Barack Obama’s solicitor general, created a minor stir in legal circles by stating, “We are all originalists.” While clearly an exaggeration, this statement spoke to a subtle but increasingly apparent truth: Since the 1980s, constitutional text and history have become ever more central to Supreme Court jurisprudence.

Click here to read the rest of David’s article.

Explore More

Supreme Court Halts NYC’s Flight from Review under Second Amendment

This case arose as a result of NYC’s unconstitutional ban on transporting a licensed handgun outside city limits. For the past six years, NYC has vehemently defended its handgun transportation ban, but only at the last minute sought to avoid Supreme Court review when city officials realized the odds of success weren’t in their favor.

Join the Fight

Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.

Donate Now

News Updates