on airplanes, reveal the dishonesty inherent in the originalism idea. In fact, it appears that, much the way that many Republicans are dropping any pretense of civil decorum or anti-bigotry in order to appeal to radical elements of the base, many conservative judges are leaning into the bare-knuckled, results-oriented jurisprudence to take them in the direction that they want to go: backward.
Originalists argue that it’s not their fault that the drafters may have been slaveholders, or uniformly male, or white, or without any knowledge of contemporary technology or a more inclusive notion of humanity. Them’s the breaks; mere accidents of history. Or they argue that they are only interpreting the law as written. If you want to change the law, they say, that’s the role of the legislature, not the judiciary. But that, too, is a profoundly dishonest response.
With regard to bodily autonomy, women must be entitled to it, irrespective of whether the Constitution explicitly provides for it.
and Jefferson said the constitution should change with the culture - written on his memorial in DC
The white men of the USA are afraid that too few white babes will be born and thus the proportion of the 'white race' will be reduced. Browns and blacks are therefore very welcome to die in childbirth. This is the real reason why Alito and Co. want to criminalize abortion.
Really Scalia Alito, originalism? Didn’t 🇺🇸limit Italian🇮🇹 immigration🇺🇸? WWII, werent some seen as a credible threat to 🇺🇸? On what basis does Alito get to determine originalism? | SpeakerPelosi USSupremeCourt BillPascrell FrankPallone rosadelauro MarkAmodeiNV2
This isn’t convincing. Our Constitution is, by design, difficult to amend. That amendment process (laid out in Article V) is how you amend the Constitution, not by shifts in meaning over time, not be the inventing non-existent language out of nothing, etc.
Unless it is progress in gun rights.
The *originalism* of the right, in which 'arms' in 1787 meant AR-15's and 'person' meant 'large multinational corporations HQ'd in Dubai,' is incoherent and insincere. 'It's a living constitution for me; the 18th century for thee.'
A kidney is not a life. Laws are to protect someone from the choices of others. Abortion bans protect the liberty of the life growing inside the mother from the choices of others. No different than noise ordinances where one person should not make noise that interfers with others
Originalism is not looking at intent of drafters. It is the original public meaning as understood by those who read it.
more accurate take on originalism: Constitution + Amends grant rights of life & liberty to person at birth only. Right of woman to self-ownership of body is 100% clear. Pre-birth embryonic/fetal human-potentials are not granted any rights - full thread
Originalism = pure sophistry. And NO! Scalia was not a brilliant guy. Quite the opposite.
What’s scary about originalists is their reluctance or even fear of growth. You want to keep our National mindset congruent to those who wrote the constitution? Really. So we’re not permitted to evolve as a country in any way, lest we’re applesauce liberals. Fuck that noise.
Not just halt progress. Reverse it.
yup.... very well put....
I’m a liberal lawyer, who went to law school at Notre Dame and saw this textualist bullshit first hand. You make many good points. The best argument against textualism is it ignores the purpose and intent of the Bill of Rights, which is fundamental to interpretation of any law.
'Originalism' is not a 'conservative strain.' It is hackery. The judge who wrote Roe v. Wade was a conservative, backed by conservative Chief Justice Burger, and upheld by conservative Reagan appointee Day O'Connor. Alito and Thomas are hyper-partisan hacks. /1
I have never understood why strict originalism/textualism ever got to be taken so seriously. It's such obvious horseshit with no serious philosophical underpinning that one would assume that it'd be laughed out of court on first sight.
The SC couldn’t even decide the “originalism” in the simple phrase “a well regulated militia” … so, please.
Originalism is a text book logical fallacy. Can't we simply point that out & invalidate all of their arguments in 1 sentence? 'identify the proper meaning and interpretation of the Constitution by adhering strictly to the text and to the intentions of the men who wrote it.'
Clothes the Emperor has not, me thinks.
Of course, what did you expect from a party run by religious zealots that tout their man-made bible as the guide for contemporary traditions? Bronze age men will remain bronze age man no matter what.
Repubs are following the path of Hit/er's yatzees in the 1930s, attacking human rights and voting rights after their failed coup goes unpunished. The GOP are the biggest threat to the free world today.
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