2023
DOI: 10.1017/jlr.2022.47
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Bishops and Friends: History and Legal Interpretation in RecentAmicus CuriaeBriefs before the Supreme Court

Abstract: With the rise of originalism as an interpretive strategy, history has come to play an increasingly prominent role in the reasoning and methodology of the United States Supreme Court. That development has, by necessity, also shaped the approach to constitutional interpretation taken by other parties, including the large and growing number of groups who file amicus curiae briefs. When the amici in question are religious entities, this article suggests, this “historical turn” at times takes the shape of narrating… Show more

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