Federal judges in Texas are bringing originalism out of the courtroom and into the classroom. U.S. District Judges Brantley Starr and Mark Pittman are co-leading a seminar-style law school course called “Originalism & the Origins of the Federal Constitution,” which they teach at Southern Methodist University, Texas A&M School of Law, and the University of Texas at Austin.

The class explores how the U.S. Constitution was written and debated, using foundational documents to study the intentions of its drafters. According to Bloomberg Law, the course aims to prepare law students for a judiciary increasingly influenced by originalist and textualist reasoning, both on the U.S. Supreme Court and in federal trial courts.

“If justices like Elena Kagan and Ketanji Brown Jackson publicly say they use originalist or textualist interpretations, then it’s probably malpractice to not look at what seven, eight, or nine votes on the Supreme Court are looking at,” said Judge Starr. He emphasized that originalism offers a “neutral set of principles” for judges to follow, helping avoid decisions based on personal beliefs rather than legal history.

The course was originally created by Judge Charles Eskridge of Houston, inspired by Justice Clarence Thomas’ 2008 comment that he wished he had studied the Constitution’s formation in law school. Eskridge debuted the class in 2010 using The Founders’ Constitution, a five-volume compendium of historical documents and debates, and has since taught it alongside Starr and Pittman.

While Eskridge’s version focuses on reading and reflecting on constitutional origins, Starr and Pittman also teach students how to conduct an originalist interpretation of legal texts. “We’re trying to figure out what the public thought these words meant at the time,” said Starr, emphasizing the approach as a way to avoid judicial overreach.

Critics of originalism argue it can limit the law’s relevance to modern society or be used selectively to justify predetermined outcomes. But supporters, including law school deans and students, say the course offers crucial exposure to a judicial method that dominates today’s legal landscape.

“Our students are receiving superior instruction from two talented federal judges,” said Jason Nance, dean of SMU’s Dedman School of Law. “No matter where students stand ideologically, they will benefit immensely from taking this course.”

Berkeley Law Dean Erwin Chemerinsky echoed the sentiment, noting that originalism classes provide students with “a unique perspective on the legal system and a chance to interact with judges.”

For Judge Pittman, the material is influencing his own approach on the bench. After reviewing the historical justifications for 12-member juries in civil trials, he began using larger juries in his courtroom. “Sure enough, I’ve found that that does give a more balanced decision,” he said.