the triumph of originalism as the accepted methodology of the Supreme Court. Jackson was following in the footsteps of Justice Elena Kagan, who famously declared that “we are allthat quip after watching her conservative colleagues implement a series of GOP policy preferences in the name of applying the Constitution’s “original” meaning, which isclaims to be.
Selectively deploying originalism when it bolsters progressive aims does not solve the underlying problem: that, as Hawaii Supreme Court Justice Todd Eddins, the theory champions the views of “the few white men who made laws and shaped lives during the mostly racist and misogynistic very old days.” This flaw may be most pronounced in cases involving the civil rights of those whom the authors of the Constitution scorned or ignored.
Source: Law Daily Report (lawdailyreport.net)
Supreme-Court Liberals Ketanji-Brown-Jackson
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