The Originalism Trap

Praise

“Madiba Dennie has written a magnificent book that shows how conservatives, through the guise of originalism, have taken away our rights and undermined equality. She offers a powerful alternative, inclusive constitutionalism, that provides a way forward to reclaim the Constitution and advance freedom and justice.”—Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley, School of Law and author of We the People

“Madiba Dennie has written a devastating indictment of the false facade of originalism. Full of sharp observations and delightful humor, it is an important contribution.”—Russell Feingold, former U.S. Senator and president of the American Constitution Society

“And just when we most need her, along comes Madiba K. Dennie—one of our most brilliant young legal voices. For anyone feeling helpless about a newly monarchic court that has stripped so much from so many, this book is a reminder that ordinary people have always had the power to reshape justice, and that the time to do so is right now.”—Dahlia Lithwick, senior legal correspondent for Slate and New York Times bestselling author of Lady Justice

“The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book exposes how unwashed segregationist theories have been rebranded, repackaged, and sold back to you as a theory of constitutional interpretation. It is vital for understanding why the world sucks right now.”—Elie Mystal, New York Times bestselling author of Allow Me to Retort

“The Originalism Trap strips originalism’s thin intellectual veneer, revealing an all-out attack on civil rights and social progress. This clear, occasionally hilarious, and fascinating book is a call to action for those of us who believe that inclusive constitutionalism can help beat back the authoritarian right.”—Victor Ray, author of On Critical Race Theory

“An accessible and devastating critique of both originalism and the Roberts Court, this book is a must-read for anyone interested in learning how the Supreme Court has used originalism as a weapon while disregarding the Constitution’s potential to provide equality of opportunity, fairness, and dignity for all people.”—Eric J. Segall, author of Originalism as Faith