What Originalism Means for Women: The Dangerous, Regressive 18th Century Agenda

What Originalism Means for Women: The dangers of 18th-century rules for 21st-century women

Wednesday, June 12, 2024 at noon - 1 PM PT (3 – 4 PM ET)

In a few short years, the Supreme Court has upended American law, pursuing a regressive agenda cloaked as a return to the Constitution’s supposed “original meaning.”

The Court’s embrace of originalism poses special risks to women. The 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, exemplifies this threat — the majority failed to fully grapple with how legal and cultural gender norms have shifted since the founding era.

The current term’s United States v. Rahimi, which is built entirely around the fact that domestic violence was not a crime in the 18th century, has taken originalism to its logical but absurd end at the expense of American women.

On June 12, join us virtually for a panel discussion. The speakers will explore what the 2023–24 Supreme Court term has meant and could mean for all Americans, through the lens of what it means for half the population - women.

Produced in partnership with the Birnbaum Women’s Leadership Center

Speakers:

Madiba K. Dennie, Deputy Editor and Senior Contributor, Balls and Strikes; Author, The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back

Khiara M. Bridges, Professor of Law, UC Berkeley School of Law

Emily Martin, Chief Program Officer, National Women’s Law Center

Moderator: Alicia Bannon, Director, Judiciary Program, Brennan Center for Justice; Editor in Chief, State Court Report


ARTICLE: "Competing Opinions in Supreme Court’s CFPB Case Expose Problems with Originalism" (May 24, 2024)

https://www.brennancenter.org/our-work/analysis-opinion/competing-opinions-supreme-courts-cfpb-case-expose-problems-originalism