Originalism: What it is, what it isn’t and why it’s the most democratic option for the Supreme Court

A majority of Supreme Court justices follow originalism, the mode of constitutional interpretation championed by late Justice Antonin Scalia. A former Scalia law clerk explains what originalism means.

By: Brian Fitzpatrick, Vanderbilt University, The Conversation

Outlets: The Conversation

Published: September 28, 2026

Words: 1,191

Last Updated: 2 weeks, 5 days ago

Body Text Preview

By Brian Fitzpatrick, Vanderbilt University

The U.S. Supreme Court returns from summer break Oct. 5, 2026, and begins hearing a new year of cases.

Soon after what’s known as the “first Monday in October” among court watchers, we will start to see stories in the media about something called “originalism.”

Originalism is the judicial philosophy followed by most current Supreme Court justices, but it is not well understood outside legal circles.

I …

Create a free account to access this story and more

Join Plucky Wire to access full stories, collaborate with newsrooms, and discover content from networks around the world.

About

FAQ

Email Us