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1789 or 1866 is not 2024: Why historians have a difficult task in guiding Supreme Court justices as they decide today’s legal issues

  • Written by Amy Hart, Program Manager, Public Scholarship and Engagement, University of California, Davis
1789 or 1866 is not 2024: Why historians have a difficult task in guiding Supreme Court justices as they decide today’s legal issuesHistorians are coming out of the archives and sharing their expertise. uschools/Getty Images

History matters at the U.S. Supreme Court, where most justices either embrace or occasionally rely on a form of interpretation called “originalism,” which holds that the original meaning of the Constitution should be sought, and relied on, to...

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