Articles

Envisioning Originalism Applied to Bioethics Cases

Swidler, Robert N.

Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict adherence to the root meanings of constitutional terms, irrespective of drastically different contexts and without regard to consequences. This article offers a brief description of Originalism and summarizes key criticisms of Originalism in principle and in practice. It then examines a mix of past and pending legal cases that implicate bioethical principles and require interpretation of the Constitution, and it envisions an originalist approach to deciding them.

Files

  • thumbnail for R Swidler, Envisioning Originalism Applied to Bioethics Cases.pdf R Swidler, Envisioning Originalism Applied to Bioethics Cases.pdf application/pdf 229 KB Download File

Also Published In

Title
Voices in Bioethics
DOI
https://doi.org/10.52214/vib.v12i.14627

More About This Work

Academic Units
School of Professional Studies
Published Here
March 26, 2026