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Are We Still Supposed to Take This Conservative Legal Theory Seriously? - ny times

nytimes.com

A Pulitzer-winning Supreme Court reporter asks whether a cornerstone conservative legal theory has lost its credibility — and what that means for the bench.

OriginalismLegal FormalismJudicial LegitimacySeparation of Powers

Theory Briefing

  • Linda Greenhouse, who covered the Supreme Court for 30 years, is publicly questioning the intellectual seriousness of a major conservative legal framework.
  • The challenge comes from a journalist with deep institutional knowledge of the Court, lending the critique unusual weight.
  • The piece raises whether legal theories can survive when their real-world applications diverge sharply from their stated principles.