Reva Siegel on the Originalist Argument for Prenatal Personhood
Michael Ramsey
Reva Siegel (Yale Law School) has posted It’s Alive! When the Original Meaning of “Person” Protected by the Fourteenth Amendment Is Not a Fixed, But Living Word (59 U.C. Davis L. Rev., forthcoming 2026) (35 pages) on SSRN. Here is the abstract: This Article examines an originalist argument for prenatal personhood—that life from conception is […]
People Who Thought They Were Citizens But Actually Haven’t Been
Andrew Hyman
In Trump v. Barbara (the birthright citizenship case) pending before the U.S. Supreme Court, a significant concern is what would happen to people who thought they were U.S. citizens but perhaps really weren’t. The best answer is that that is a matter for Congress, which possesses the naturalization power. Some people don’t appreciate how vast […]
Justice Gorsuch on the Founders and Habitual Drunkards
Michael Ramsey
From the Supreme Court oral argument earlier this week in United States v. Hemani (in which the issue is whether a federal law denying gun rights to users of marijuana is analogous to founding-era statutes denying gun rights to “habitual drunkards”): JUSTICE GORSUCH: — [to counsel for the Untied States}… one can ask whether the […]
Akhil & Vikram Amar on Birthright Citizenship and Foundlings [Updated]
Michael Ramsey
At SCOTUSblog, Akhil Amar & VIkram Amar, Birthright citizenship: A note on foundlings and comments on four complementary amicus briefs. From the introduction: Foundlings – babies born of unknown parentage – loomed large in the imagination of mid-19th century Americans, who dutifully read their Bibles and thought about baby Moses in a basket. Americans in […]
New Book: “Sentencing Discretion and the Constitution” by Donald Dripps
Michael Ramsey
Recently published, by Donald Dripps (University of San Diego): Sentencing Discretion and the Constitution: Due Process of Time (Oxford Univ. Press 2026). Here is the book description from Amazon: The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because […]
David Gans: Black Conventions and the Second Founding
Michael Ramsey
David Gans (Constitutional Accountability Center) has posted Forgotten Framers: Black Conventions and the Second Founding (79 Stan. L. Rev. (forthcoming 2027)) (64 pages) on SSRN. Here is the abstract: This Article tells the forgotten story of the Black Conventions of the Reconstruction era, examining convenings of Black Americans across the nation during the time when […]
Eric Segall on Originalism and Alternatives
Michael Ramsey
At Dorf on Law, Eric Segall: If It Takes a Theory to Beat a Theory,” Originalism Loses. From the introduction: Justice Antonin Scalia, who died 10 years ago this month, was fond of saying over and over again that “it takes a theory to beat a theory.” He often made this claim when people criticized originalism. Scalia’s […]
Originalist-Oriented Briefs in the Birthright Citizenship Case (and a Counterargument by Elias Neibart))
Michael Ramsey
Respondent-side amicus briefs were due at the Supreme Court Thursday and (as one would expect) quite a few were filed (via SCOTUSblog). A common theme of many is that the President’s executive order limiting birthright citizenship conflicts with the original meaning of the Fourteenth Amendment. Among the most important originalist-oriented briefs : Brief of Professor […]
Gary Lawson: The Written Constitution of Enumeration
Michael Ramsey
Gary Lawson (University of Florida Levin College of Law) has posted The Written Constitution of Enumeration (55 pages) on SSRN. Here is the abstract: While originalists disagree among themselves about many things, most agree that the proper object of constitutional interpretation is the written Constitution and that the Constitution enumerates the powers of federal institutions, […]
New book, “Scalia: The Supreme Court Years” by James Rosen
Michael Ramsey
Recently published, Scalia: Supreme Court Years, 1986 to 2001, by James Rosen (Regnery 2026). Here is the book description from Amazon: A Powerful Voice Brings Change to the Supreme Court In this second installment of James Rosen’s masterful biography—hailed as “monumental,” “ground-breaking,” and “definitive”—Antonin Scalia brings his intellectual genius, literary gifts, and wit to the staid corridors […]