June 09, 2025

J. Joel Alicea, St. Robert Bellarmine Professor of Law and Director of the Center for the Constitution and the Catholic Intellectual Tradition at Catholic Law, recently published an essay in The New York Times titled, "The Supreme Court Is Divided in More Ways Than You’d Think." In the essay, Alicea writes: "Originalism, long seen as an insurgent force at the Supreme Court, had become its reigning philosophy. For the originalists on the court, the shift from backbenchers to decision makers brought new responsibilities and presented new difficulties. Problems that had mostly been hypothetical debates within the court’s originalist minority became central questions of constitutional law. How readily should an originalist court overturn a precedent at odds with the original meaning of the Constitution? What should an originalist judge do when the original meaning of the Constitution does not fully address a modern dispute?"

Click here to view the essay.