
What Is Originalism, and Who Does It Leave Out?
From Justice Above All by The Legal Defense Fund
January 28, 2026 · 26 min · Season 4 · Episode 14
About this episode
This episode unpacks the legal theory of originalism and its implications for racial justice and birthright citizenship in the U.S.
The United States is at a tipping point, as the anti-truth movement attempts to erase the history of pivotal moments that advanced racial justice. Related to this movement, the legal theory of originalism falls short of a truthful retelling of history and therefore threatens America’s cultural memory. This episode of unpacks originalism and how it has helped fuel recent efforts to dismantle birthright citizenship, which is guaranteed under the Fourteenth Amendment and is a cornerstone of U.S....
Topics covered
- originalism
- racial justice
- birthright citizenship
- Fourteenth Amendment
Keywords
- anti-truth movement
- cultural memory
- history
Mentioned in this episode
Places: The United States, America, U.S
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