In its last two terms, the Supreme Court’s conservative supermajority has struck down abortion rights, gun control, and affirmative action in the name of history. But leading historians have said that the justices’ reliance on originalism, a method of interpreting the Constitution based on its supposed “original meaning,” oversimplifies history, ignoring its complexity and context. Rejecting the Court’s misuse of history is key to moving toward a more nuanced view of the past that can help the law adapt to society’s changing needs.
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