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#Originalism
Anne Twitty
ProfessorTwitty
History Twitter is out in force ridiculing the latter portion of ACB’s claim here, which, sure, fair.But there’s something to the first part too, something I now only see and
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Carissa Byrne Hessick
CBHessick
At today's Supreme Court confirmation hearing, we will be told that judges are not supposed to make policy decisions.That statement is entirely false.The people who wrote our Constitution expected judges
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Anthony Michael Kreis
AnthonyMKreis
The more I study Reconstruction, the more I come to reject originalism. The complexity of motives, ambitions, and individual understandings—the aspirations of law and the heartbreak of the real world
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Lambda Legal
LambdaLegal
JUDGE AMY CONEY BARRETT'S CIVIL RIGHTS RECORD(A THREAD) Judge Barrett joined a letter in 2015 supporting the position that “marriage and family is founded on the indissoluble commitment of a
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Jonathan Ladd
jonmladd
Brief thoughts on Con Law that make my tweets this week (maybe) make more sense. I actually think originalism can be a very useful tool to address many but not
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Buffy Wicks
BuffyWicks
2 weeks ago, Justice Alito wrote the following in his dissent to the Court's landmark decision on LGBTQ workplace rights & protections:"Our duty is to interpret statutory terms to mean
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☆ K.G.M. ☆ 🦄
CanPanicNow
As a trained historian, who was a professional historian before law school, Scalia's "history" reads like an undergraduate history research paper. Originalism, done right, should be done with interdisciplinary research/analysi
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National Conservatives 🔰
TheNewRight
There 's a real danger that the populist right will be a fringe force in the conservative movement just like the populist left in the Dem. party.I fear that populism
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Jeff McFadden
homemadeguitars
Originalism, a lesson.If you actually read the Constitution (almost never done) you'd find that it isn't a set of laws to pass and not pass. It isn't a guarantee of
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Matthew Chapman
fawfulfan
Originalism is inherently an ideology of arrogance.Every era of America, and especially the Founding era, was fractious. To hold original meaning over everything is to presume there *was* an original
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SpinningHugo
SpinningHugo
The problem with originalism is not that its jurisprudential foundations are shallow. Outside of the USA (indeed outside US constitutional interpretation) it is orthodoxy on how you interpret legislative words./1https://twitter.com/scottjsh
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Rob Russo
StageLeft_NYC
A rant:There is nothing humble or restrained about taking an "originalist" approach to interpreting the Constitution. Quite the contrary, an originalist has the gall, the immodesty, the activist approach to
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Crissie Brown 🏳️🌈
ComiCrissieB
A thread on #Barrett, Cloud Castles, and why I don't bother to debunk #Originalism:1/ Not very long ago, as late as the 1960s and early 70s, conservatives argued honestly. Wrongly.
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Dr. Rob Davidson #WearAMask
DrRobDavidson
As a doctor, it's beyond bizarre to see a potential #SCOTUS justice say she'll make decisions about healthcare (eg, denying it to millions) based on #Originalism-what she thinks people in
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PantsuitPolitics
PantsuitPolitic
Hello, I know I'm a day late to this party. I hope you will indulge some thoughts that I have about Senator Sasse's "civics lesson." (I promise I'm only imposing
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Evan Bernick
evanbernick
Literally one mention of the Fourteenth Amendment, lazy assumption that 1791 rather than 1868 meaning of “cruel and unusual punishments” applies. Call it what you want-“cruel and unusual” comes to
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