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  • The Theory, Born at Harvard, That Could Remake Right-Wing Jurisprudence

    10/07/2025 10:45:39 AM PDT · by Red Badger · 40 replies
    The Crimson ^ | October 03, 2025 | Sophie Gao and Jocelyn E. Shek
    Over the past five years, common good constitutionalism has taken tenuous root in elite legal academia. It’s now beginning to find its way into courtrooms. But scholars remain divided on its potential to reshape the legal landscape — and whose “common good” it seeks to advance. ***************************************************************** On March 31, 2020, when the United States was on Covid-19 lockdown, The Atlantic published “Beyond Originalism,” a cerebral essay by the Harvard Law professor C. Adrian C. Vermeule ’90. The essay urges legal conservatives to abandon originalism, the dominant school of constitutional interpretation for the conservative legal movement, which posits that the...