President Biden maintained that his choice for a Supreme Court nominee would take into consideration someone adhering to a “mainstream interpretation of the constitution”. His statement can hardly be regarded as a renounce to confront the ideological dominance of conservative jurisprudence. It is therefore relevant to explore how President Biden agenda impacts on Supreme Court’s ideological polarization in matters of constitutional interpretation. The Article argues that Biden choices concerning his Supreme Court’s nominee reveal liberals’ interest in protecting civil rights jurisprudence grounded in evolutionary readings of the constitution. The argument shall be developed as follows: para. 2 shall clarify Biden’s choices by analysing his nominee at the Supreme Court. Para 3. shall delve into the liberal/conservative divide concerning constitutional interpretation by focussing on the issue of constitutional precedents. The article goes on by elucidating in para. 4 the case for defending constitutional precedents. Finally, para. 5 shall offer some preliminary conclusions.
Are we (truly) all originalist now? The debate on constitutional interpretation and the Biden Presidency
Graziella Romeo
2023
Abstract
President Biden maintained that his choice for a Supreme Court nominee would take into consideration someone adhering to a “mainstream interpretation of the constitution”. His statement can hardly be regarded as a renounce to confront the ideological dominance of conservative jurisprudence. It is therefore relevant to explore how President Biden agenda impacts on Supreme Court’s ideological polarization in matters of constitutional interpretation. The Article argues that Biden choices concerning his Supreme Court’s nominee reveal liberals’ interest in protecting civil rights jurisprudence grounded in evolutionary readings of the constitution. The argument shall be developed as follows: para. 2 shall clarify Biden’s choices by analysing his nominee at the Supreme Court. Para 3. shall delve into the liberal/conservative divide concerning constitutional interpretation by focussing on the issue of constitutional precedents. The article goes on by elucidating in para. 4 the case for defending constitutional precedents. Finally, para. 5 shall offer some preliminary conclusions.File | Dimensione | Formato | |
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