When the text of the Constitution "does not tell us the answer...we usually look to history," Justice Brett Kavanaugh said. "We might not like it, but unless we're just making it up, I don't know where else we're going to look."
March 27, 2024 at 03:38 PM
6 minute read
The original version of this story was published on National Law Journal
“Is the right year to look at 1791 or 1868?”
There’s a lot packed into Justice Brett Kavanaugh’s simple question during Wednesday’s sentencing appeal at the U.S. Supreme Court. In particular, it shows how debates about “history and tradition” have come to dominate cases posing questions of constitutional interpretation on the current court.
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U.S. Supreme Court Justice Brett Kavanaugh. (Photo: Diego M. Radzinschi/ALM)
