U.S. Supreme Court Justices Amy Coney Barrett, left, and Clarence Thomas, right. Photos: Diego M. Radzinschi/ALM 'Misses the Forest for the Trees': Barrett Knocks Thomas' Use of History
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
June 13, 2024 at 02:47 PM
5 minute read
Justice Amy Coney Barrett broke from her fellow "originalists" on the Supreme Court in a decision Thursday where she objected to the majority's use of "historical analogues" to determine that a trademark law does not violate the First Amendment.
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