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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 it, there's lots of "we're misunderstood."
Keep pushing to reveal its fraud.
Keep pushing to reveal its fraud.
If you want to understand how originalism is a bought-and-paid-for, Astroturf ideology that functions as a decorative glaze on a ruthless doctrine that favors the powerful and the status quo, read @JaneMayerNYer's DARK MONEY and @KBAndersen's EVIL GENIUSES, among other titles.
Originalism is a philosophy the way Tea Partyism was a philosophy: a billionaire-funded complex of ideas laundered into a faux movement, for the benefit of billionaires.
Now, there are some people who carry water for such movements without realizing whom they're serving.
And there are others who do so knowing full well.
But it matters not whether you're sincere about your movement if it's bought and paid for by billionaires seeking gain.
And there are others who do so knowing full well.
But it matters not whether you're sincere about your movement if it's bought and paid for by billionaires seeking gain.
Originalism has never been primarily an intellectual movement. It's an intellectual cover for a long-schemed power grab prosecuted by the Federalist Society and other entities.
Read @JaneMayerNYer; read @KBAndersen; read others.
Read @JaneMayerNYer; read @KBAndersen; read others.
And last point: For the media covering this, it's really important not to dress up as a philosophy something that is known and has been documented to be a power grab orchestrated by the very rich and the right. We have receipts. Tell the truth about what originalism is.
Originalism is the supply-side economics of law. Giving it an academic brand name doesn't make it true -- and doesn't change its origins.
