Professor Lawrence Solum, a prominent scholar and defender of Originalism, has an interesting post on Balkinization suggesting that the Supreme Court's newest Justice, Ketanji Brown Jackson, is establishing herself as a powerful force for progressive originaliism on the Court.
His post begins:
A third wave of progressive originalism is now well underway. Justice Jackson is already the de facto leader of a group of scholars, lawyers, and judges who understand the dangers that judicial supremacy and living constitutionalism pose to democracy and equality—given the reality that conservative justices will dominate the Supreme Court for at least a decade or two. Justice Jackson's originalism is a direct and forceful response to the conservative justices' increasing reliance on a selective mix of history, tradition, and precedent to undermine the original meaning of the Constitution's text, while claiming to be "originalists."
