The Supreme Court’s conservative supermajority has taken a hard originalist turn, citing history to justify rulings that have eliminated many long-standing American rights. What exactly does originalism mean? Should history be the sole source of rights? And what if the history that the Court has relied on is flat-out wrong?

Listen in on a discussion from October 12, 2023 moderated by Adam Serwer of the Atlantic with historians Laura Edwards, professor at Princeton University; Kate Masur, professor at Northwestern University; and Karen Tani, professor at the University of Pennsylvania Law School. Their conversation dissects how history has been used and abused in consequential recent cases and sketches out alternative views for how history can help us better understand the Constitution.

Please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating. 

Click here to read more from the Brennan Center’s Historians Council on the Constitution: https://www.brennancenter.org/historians-council-constitution 

You can keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit brennancenter.substack.com