The Journal of Contemporary Legal Issues
Abstract
Marc DeGirolami’s essay, Traditionalism Rising, argues that the Supreme Court is now deploying what he calls “traditionalist methodology” to decide cases, and that when it cites tradition it is following a “larger, longstanding interpretive method.”
The paper is a valuable contribution that documents an important trend. The Court is in fact invoking tradition with remarkable frequency. But it is a mistake to call what the Court is doing a single “methodology.” Tradition is relevant in different ways in different contexts. It is confusing to conflate them.
Volume
24
Issue
1
Start Page
187
Faculty Editor
Lawrence Alexander & Steven D. Smith
Recommended Citation
Koppelman, Andrew
(2024)
"The Use and Abuse of Tradition: A Comment on DeGirolami’s Traditionalism Rising,"
The Journal of Contemporary Legal Issues: Vol. 24:
Iss.
1, Article 14.
Available at:
https://digital.sandiego.edu/jcli/vol24/iss1/14