Debating the Constitution: On Originalism's Most Pressing Quarrels with Sherif Girgis

Here in Episode 8 of Season 5, I interview Professor Sherif Girgis. A graduate of Princeton University, the University of Oxford, and Yale Law School, Girgis is a tenured professor of law at the Notre Dame Law School and a Spring 2026 visiting professor at Harvard Law School. A former law clerk to Justice Samuel Alito and member of the American Academy of the Arts and Letters, he is co-author of two books: What is Marriage? Man, Woman, A Defense (2012), and Debating Religious Liberty and Discrimination (2017). Using some of his recent articles and speeches—such as “The Future of Originalism” (2026)—we discuss the current state of constitutional jurisprudence. As an originalist and textualist reading of the Constitution has, thanks to advocacy groups like the Federalist Society, gone from a dissenting movement to the current governing theory of the Supreme Court, new problems have arisen that go beyond what early forerunners like Robert Bork and Antonin Scalia foresaw. We also discuss other (often competing) theories like living constitutionalism and living traditionalism, whether success has undone originalism, and what the future holds for this legal movement. Hosted by Ryan Shinkel, Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. The transcript for this interview is available on our new Substack page, “Madison’s Footnotes.” Learn more about your ad choices. Visit megaphone.fm/adchoices