
Breyer retirement sparks new debate over 'originalism' Supreme Court approach
Fox News
Supreme Court Justice Stephen Breyer announced Wednesday that he would retire, re-igniting a debate on judicial philosophies like constitutional originalism as President Biden considers candidates to nominate to the nation's highest court.
"Originalism is not a bullet-proof guarantee against grave error. Regardless, I think it’s very unlikely Biden will nominate an originalist." "Originalism is an attempt to uphold the rule of law. It seeks to get judges to follow the will of the people." "I think that there has never been a true originalist on the Court. … all of the Justices -- liberal, moderate, and conservatives -- in big cases vote their values and life experiences more than law."
"There are multiple definitions of originalism, and multiple theories of it," Ilya Somin, a law professor at George Mason University, told Fox News Digital. "Speaking just for myself, I would say it’s the idea that provisions of the Constitution should be interpreted in accordance with the original meaning of the text at the time it was ratified (e.g. – 1868 for the 14th Amendment)."