Sisters in Law: Why Originalism and Textualism Are Being Used to Favor The Right Wing

Jul 9, 2026 #SistersInLaw

In this episode of #SISTERSINLAW we analyze the recent Supreme Court term, exploring how judicial decision-making, political influences, and historical interpretations shape the highest court in the U.S. Understanding these dynamics is crucial for grasping the future of justice and democracy.

Key Topics:
The foundational principles behind the court’s legitimacy and how they've been tested
The court's perceived erosion of objectivity and consistency
The impact of originalism and textualism on recent rulings
The influence of political ideologies, especially the pro-Trump bias
How demographic and societal shifts relate to judicial philosophies
The role of the court in preserving or diminishing democratic norms

Timestamps:
00:00 - Overview of the court's rejection of traditional checks and balances

00:26 - Reflection on the recent Supreme Court term and decision-making methodology

01:05 - The problem of subjective decision-making, exemplified by election law cases

01:51 - The decline in judicial objectivity and the Purcell principle

02:21 - Inconsistent application of election law and redistricting maps

02:48 - The use of legal doctrines like the major questions doctrine in partisan ways

03:14 - The court’s treatment of voting rights and gerrymandering issues

03:43 - The influence of originalism and historical interpretation on legal decisions

04:11 - Examples of inconsistent application of textualism, especially in Second Amendment cases

04:47 - The debate on evaluating the court’s recent decisions: political bias versus legal principles

05:03 - The rise of originalism, its historical context, and its conservative agenda

05:18 - The uneven application of originalism and textualism, and its implications

05:59 - The problematic cherry-picking in Second Amendment interpretations

06:25 - The ideological skew in court’s interpretation of history and legal texts

06:54 - How textualism often distorts or ignores historical context to serve conservative ends

07:20 - The challenge in evaluating the court: outcomes, ideology, or legal integrity?

07:56 - The impact of the unitary executive and decisions favoring former President Trump

08:18 - The court’s decisions on tariffs, birthright citizenship, and executive power

09:40 - Views on the court’s perceived pro-Trump bias and implications for democracy

09:43 - The foundational values of the court versus its contemporary actions

10:12 - The court’s departure from check and balance principles and potential long-term consequences

10:42 - Concerns over demographic shifts and the court's efforts to preserve power

11:08 - The influence of conservative think tanks, like Project 2025, on judicial philosophy

11:35 - The court as a guardian of traditional power structures vs. evolving democracy

11:46 - The worldview shared by the court and its alignment with ultra-conservative ideology

12:15 - The pushback against New Deal era jurisprudence and the resurrection of pre-1930s norms