Mike Dorf: Herding Katz.
Greg Dihlmann-Malzer: Justice Alito on Originalism in US v. Jones.
The common point in these two posts is Justice Alito's surprisingly strong rejection of originalism in United States v. Jones, the GPS tracking case. I agree that's an interesting development, and perhaps a welcome one even for originalists. A politically conservative non-originalist voice on the Court might unsettle some common assumptions about the political alignments of originalism and non-originalism.
On the other hand, I'm not sure why Justice Alito thinks originalist analysis is misplaced in Jones but appropriate in, for example, District of Columbia v. Heller, where (as Professor Dorf points out) he joined Justice Scalia's strongly originalist majority opinion.
Posted at 7:00 AM