Legal conservatives find themselves in an unusual position: originalism has reached unprecedented acceptance within the judiciary and the bar. A majority of Supreme Court justices—including at least one appointed by a Democratic president—identify as originalists, or at least strive toward originalism. Guided by the original understanding of those who ratified the Constitution and the Reconstruction Amendments, the High Court has overruled Roe v. Wade, ended the use of race in higher education, and recognized the individual right to own firearms.
But some find these successes disorienting. Originalism’s victories have triggered an important debate among conservatives. Some wonder if originalism is up to the task of fashioning an approach to constitutional interpretation rooted in a conservative morality that can supply a positive agenda for law and policy. For these conservative critics, the moral neutrality of originalism, which arose in opposition to the explicit policymaking of the Warren Court, appears to be its central defect.
Professor Jesse Merriam’s essay in The American Mind is an example of this view. He writes,

