Maryjane Johnson is a program associate in the Democracy Program at the Brennan Center for Justice.
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
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State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.