#Originalism

The problem here behind “court packing” is the Dems don’t challenge “originalism” anymore, which is a kind of fundamentalism, the idea that a society’s constitution or institutions can never evolve.

The scholarly trappings of this inherently ridiculous idea are almost beyond parody. The name 'originalism' sounds like they're trying so hard to make something totally dumb sound profound. They treat

It's important to distinguish originalism as a theory and originalism in practice. As a theory, it is neither conservative, nor liberal. It all depends on those who framed the provisions

Anand Giridharadas

One completely anecdotal observation I would make is that this week the originalists seem more defensive and afraid of losing the argument than anytime I remember. There's bot-ish activity around

1/ Stanford historian Jack Rakove has an essay on originalism in today’s Washington Post (if you subscribe, you can find it). A long-time critic of originalism, Rakove insists the first

Alexander Ignatiev JD ASAP PBR ME PDQ

Originalism is a legal philosophy that was poorly understood by its chief exponent, the late, great Justice Scalia, and so it stands to reason his proteges are no better at

Almost everything Prof. Chemerinsky says here about originalism is wrong. A thread. 1/6https://www.nytimes.com/2020/10/21/opinion/supreme-court-amy-coney-barrett.html?smid=tw-nytopinion&smtyp=cur John Marshall wasn't an originalist?

Rohn Jawls, very low IQ-haver

My hot take for the evening: yes, originalism collapses into incoherence under very little scrutiny, but it is still the most plausible theory of legal interpretation. This is because a

Originalism in baby steps: 1. The Constitution is law. Its provisions--including its amendments--should be interpreted in accord with the meaning they bore at the time they were adopted. (Everyone has

Jesse W. Torgerson

What in the #history is the myth of #originalism doing?#Twitterstorians on the #ConeyBarrett hearings.https://medium.com/@jtorgerson_62256/confusing-myth-with-history-columbus-day-thucydides-a-garden-of-american-heroes-and-amy-coney-e5ce70d

Mulder’s Fleet of Zombie Voters for High Taxes

Originalism is quite simple, which is precisely why postmodernists and progressive academics attack it: when you take the proper (and only truly coherent) linguistic approach to interpretation, it becomes far

Judge (soon to be Justice) Amy Coney Barrett: "His [Justice Scalia's] judicial philosophy is my philosophy." Quick story, going to back to my law school days: 1) When I was

There's been a lot of discussion and debate about "originalism" lately. Here are a few thoughts. 1/x Most importantly, the problem with originalism as conservatives too often practice it is

K. Louise Neufeld 🇺🇸

1/ Forgive me for being slow, but I just realized what "originalism" really means. 2/ It really means they want African Americans to count as 3/5 of a person. 3/

FreeRangeLawyer

Did an event with @josh_hammer earlier today at Indiana University, and, since I took the time to read and respond to his article on "Common Good Originalism," I may as

George Scoville

Progressives have no cogent or coherent critique of originalism as an interpretive method except to concede that they want SCOTUS justices to impose their policy preferences when they can't achieve