Supreme Court's Use of 'Trapped in Amber' Metaphor Sparks Debate on Originalism
The metaphor 'trapped in amber' has gained traction in the Supreme Court, particularly in discussions surrounding originalism. This term, the metaphor was frequently used in various cases, including Trump v. Cook and Watson v. Republican National Committee, to describe the perceived rigidity of laws. The phrase suggests that laws are fixed at the time of their creation, akin to being preserved in amber. However, its application has sparked debate among justices and legal scholars about the flexibility of constitutional interpretation. Justice Ketanji Brown Jackson and others have questioned when laws should be considered 'trapped in amber' and when they should adapt to contemporary contexts. The metaphor's rise is linked to the court's decision in United States v. Rahimi, which clarified that the Second Amendment's reach is not limited to arms existing at the time of its ratification.