Amicus With Dahlia Lithwick | Law, justice, and the courts · Slate Podcasts

Who Gets Left Out of Originalism?

August 9, 2025·37 min·3 clips

Justice Jackson calls out Justice Thomas for relying on a few dead white men to determine civil rights.

This episode explores who gets left out of originalist interpretations of the Constitution, focusing on Native American perspectives. Host Mark Joseph Stern interviews law professors Maggie Blackhawk and Gregory Oblovsky, discussing how historical narratives exclude marginalized groups and the challenges of bringing complex history into Supreme Court arguments.

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