Thomas' Dissent in Gun Case Highlights Failings of Originalism, Says Chicago-Kent Professor Carolyn Shapiro
“This is a court that claims to be an originalist court and, if nothing else, these opinions establish that originalism is not a straightforward approach and does not lead to greater certainty, despite the claims that originalists make,” said Carolyn Shapiro, the founder of Chicago-Kent College of Law's Institute on the Supreme Court of the United States. Originalism “can lead to different results depending on who is doing the analysis," she said, continuing: “It just simply does not provide the certainty that originalists claim.”