#Originalism

Christopher J. Lee

joonhai

Short thread re: Amy Coney Barrett. The US Constitution is a COLONIAL document: written by colonists, written under conditions of colonialism. Despite its surface claims, "originalism" strikes me as anti-historicist

Jed Shugerman

jedshug

The argument "The Constitutional Oath Requires Originalism" is ironic.Because its anti-pluralist/orthodox view of oaths is inconsistent with the original public meaning and constitutional text on oaths.Start with @GGKrishnamoomoo

Peter Sagal

petersagal

Fake Constitutional Scholar here. ACB believes that the right to an abortion is not guaranteed in the Constitution. (She hasn't said that in so many words, but the people who

Christopher Sprigman

CJSprigman

A few notes about this piece with @espinsegall. We lead off with a point about originalism, which is that the framers would not approve of courts interfering as deeply in

Steve Vladeck

steve_vladeck

The extent to which conservative judges continue to insist that everything we need to know about federal remedies at the Founding can be divined from statutes Congress enacted, without *any*

Laura K. Field

lkatfield

A few thoughts in response to the Vermeule piece.https://www.theatlantic.com/ideas/archive/2020/03/common-good-constitutionalism/609037/ All meaningful constitutionalism is "common good" constitutionalism. Traditional liberal democratic con

Josh Marshall

joshtpm

Let me expand a bit on this. What is called "originalism" in the legal academy is something that doesn't really survive first contact with any serious historical examination of the

Ben Detrick

bdetrick

Sixers Nation's concern about the need to acquire a "closer" feels like Jordan Originalism. Joel Embiid was 7th in the NBA in 4th quarter points, with 7th-highest usage rate and

Margaret Clayton

Miz_Clayton

Borrowing words from my former history teacher:"Reading about Amy Coney Barrett. She worked for Scalia, which I hear is fun in strict originalism circles. She would have voted to repeal

Elie Mystal

ElieNYC

Ben Sasse: This would be confusing to 8th graders. ... Fuck 8th graders. In any event, it's not CONFUSING to my SECOND grader. I told him what's happening: "The bad

Max Harris

MaxHarr03421445

Another thought on NZ Labour’s “mandate”, & what it could do in the next 3 yrs (maybe an obvious one) — govts are never entirely boxed in by manifesto commitments+the

John Cassidy

JohnCassidy

1. Short thread. I wrote a piece about the Scotus hearing and ACB's misleading effort to portray herself a neutral baseball umpire who just calls balls and strikes, going by

Tim Gloege

timgloege

There is no discernable difference between constitutional originalism and conservative evangelical approaches to biblical interpretation. The only real question is which came first. Both presume an origin stories that are

Christopher Mauceri

cjm427

With all of this talk about "originalism," I want to share how I teach it in my survey classes. Usually, when I start my units on the Framers and the

SCOTUSblog

SCOTUSblog

Chairman Lindsey Graham has gaveled the Senate Judiciary Committee into session. Each senator gets 30 min for the 1st round of questioning. There are 22 senators on SJC (12 GOP/10

Diana Butler Bass

dianabutlerbass

Analyzing and critiquing how a person interprets and practices their faith in relation to their world-view and political policies, especially in application of the law in a pluralistic nation, is