At the Constitutional Accountability Center (CAC) website, Doug Kendall and Mei-Wah Lee: At Age 80, Justice Ginsburg Emerges as the Court's New Originalist:
In the three Terms since Justice Stevens’s departure, the Supreme Court’s docket has been packed with hot button cases that have garnered national interest. With the Court thrust into the forefront of the national consciousness, it’s become even more critical for there to be a progressive counterweight to the conservative account of the text and history of our Constitution. It was, therefore, a relief to hear Justice Ginsburg declare at a panel discussion: “I count myself an originalist too.” It was to some a surprising declaration, but one that she has lived up to, as best reflected in her opinions for the Court’s progressive wing in NFIB v. Sebelius, last Term’s challenge to the Affordable Care Act, and Shelby County v. Holder, this past Term’s challenge to the Voting Rights Act
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The passionate, incisive opinions authored by Justice Ginsburg in the health care and voting rights cases make it clear that she fully appreciates the need for, and the utility of, embracing the Constitution’s text and history to fight conservatives on what they think of as their own turf. Indeed, Justice Ginsburg’s command performances in both cases suggest that the Court’s progressive originalist voice, once articulated with such aplomb by Justice Stevens, is now in very capable hands.
Posted at 6:17 AM