Bishops and Friends: History and Legal Interpretation in Recent Amicus Curiae Briefs before the Supreme Court
With the rise of originalism as an interpretive strategy, history has come to play an increasingly prominent role in the reasoning and methodology of the United States Supreme Court. That development has, by necessity, also shaped the approach to constitutional interpretation taken by other parties,...
| Published in: | Journal of law and religion |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Cambridge Univ. Press
2023
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| In: |
Journal of law and religion
Year: 2023, Volume: 38, Issue: 1, Pages: 55-80 |
| Further subjects: | B
amicus curiae
B Early Christianity B Supreme Court of the United States B History B United States Conference of Catholic Bishops |
| Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Summary: | With the rise of originalism as an interpretive strategy, history has come to play an increasingly prominent role in the reasoning and methodology of the United States Supreme Court. That development has, by necessity, also shaped the approach to constitutional interpretation taken by other parties, including the large and growing number of groups who file amicus curiae briefs. When the amici in question are religious entities, this article suggests, this "historical turn" at times takes the shape of narrating aspects of a tradition’s sacred history for the benefit of both the Court and other, lay audiences. This article examines three recent amicus briefs by one of the most consistent and prolific religious amici, the United States Conference of Catholic Bishops. Across these briefs, this author traces the construction and deployment of history—both Catholic and American—as a middle term for negotiating the relationship between the US Constitution and its interpretation, on the one hand, and the interests and priorities of the religious tradition, on the other. |
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| ISSN: | 2163-3088 |
| Contains: | Enthalten in: Journal of law and religion
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| Persistent identifiers: | DOI: 10.1017/jlr.2022.47 |