Worse Than Nothing: The Dangerous Fallacy of Originalism is a non-fiction book by Erwin Chemerinsky, published in 2022 by Yale University Press. It discusses developments in the United States Supreme Court and the U.S. Constitution in the early 21st Century.

He criticized the concept of originalism,[1] arguing that people doing originalism were inconsistent with it, that originalism does not work in newer time periods, that the Founding Fathers themselves did not use it, and that it causes problems in society. Adam J. White of the Wall Street Journal wrote that the author "has long been one of the most pointed critics of originalism—and of originalist justices."[2]

The book specifically criticizes the positions of Amy Coney Barrett.[2]

Reception

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Stephen Rohde of the Los Angeles Review of Books described the work as "timely and devastating", and that the author is "eminently qualified" in the subject.[1]

Adam J. White of The Wall Street Journal stated that the criticisms of the positions of Coney Barrett are "possibly the most misguided".[2]

Kirkus Reviews stated that the book's argumentation is "Sensible".[3]

References

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  1. ^ a b Rohde, Stephen (23 November 2022). "An Obituary for Originalism: On Erwin Chemerinsky's "Worse Than Nothing"". Los Angeles Review of Books. Retrieved 2024-10-02.
  2. ^ a b c White, Adam J. (2022-09-02). "'Worse Than Nothing' Review: What Originalism Is and Isn't". The Wall Street Journal. Retrieved 2024-10-02.
  3. ^ "Worse Than Nothing". Kirkus Reviews. 2022-08-11. Retrieved 2024-10-02.
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