9/07/2022

UC Berkeley Law dean slams ‘scourge’ of ‘originalist’ reading of Constitution in LA Times op-ed


September 7, 2022


 UC Berkeley Law dean slams ‘scourge’ of ‘originalist’ reading of Constitution in LA Times op-ed

Chemerinsky called the 'originalist philosophy' of Supreme Court nominee Robert Bork 'nonsensical and dangerous'

In an op-ed for the Los Angeles Times, the dean of the UC Berkeley School of Law, Erwin Chemerinsky, described the "originalist" interpretation of the U.S. Constitution by Supreme Court justices as a "scourge" which is in "ascendency" in the judicial branch.

Chemerinsky attributed the rise in this "scourge" to the conservative justices on the court who have a "cramped reading of history" and as such have done away with abortion rights, protected gun rights, etc.

The Berkeley Law dean opened his piece with an anecdote about a better time in American history when the "Senate resoundingly rejected the nomination of Judge Robert Bork for the Supreme Court because it found his originalist views unacceptable." Chemerinsky described Bork’s views, writing, "As a law professor, Bork argued that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by amendment."

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