Originalism, the school of constitutional interpretation currently modish among conservative lawyers and judges, is not so much an idea as a legal-industrial complex divided into three parts—the academic, the jurisprudential, and the political. In its first part, originalism is an academic pursuit, one that a large number of law scholars have embraced with gusto. A […]
Places center and forward something that has always been troubling about SCOTUS decisions.
The one part missing is how the threat of ‘activist judges ruling from the bench’ is always trotted out against liberal judges during confirmation hearings, but when conservative SCOTUS just makes up its own rules and privileges and completely ignores precedent, nobody should question them.
Places center and forward something that has always been troubling about SCOTUS decisions.
The one part missing is how the threat of ‘activist judges ruling from the bench’ is always trotted out against liberal judges during confirmation hearings, but when conservative SCOTUS just makes up its own rules and privileges and completely ignores precedent, nobody should question them.