Originalism: What it is, what it isn’t and why it’s the most democratic option for the Supreme Court

Supreme Court Justice Antonin Scalia, seen here in 2006, was the court's most prominent originalist. Chip Somodevilla/Getty Images

The U.S. Supreme Court returns from summer break Oct. 5, 2026, and begins hearing a new year of cases.

Soon after what’s known as the “first Monday in October” among court watchers, we will start to see stories in the media about something called “originalism.”