History in Constitutional Litigation – This course explores the role of historical arguments in constitutional litigation, focusing on how lawyers marshal historical evidence to advance doctrinal claims and how judges assess and interpret that history in the process of discerning constitutional meaning. We will engage with a range of recent constitutional cases — including those concerning the Second Amendment, abortion rights, religious liberty, and immigration — to examine both the methodologies used by litigators to make historical arguments, and the standards and frameworks courts employ to assess those arguments. Special attention will be given to the role of amicus briefs filed by historians and legal scholars, and the tensions between historical scholarship and legal advocacy. Through close reading of litigation materials, judicial opinions, and relevant historical texts, students will develop critical skills in assessing historical claims, understanding originalist and non-originalist approaches, and crafting historically grounded legal arguments.