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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    1. Above the Law‏Verified account @atlblog Jul 2

      America’s Next Top Justice: Judge Brett Kavanaugh, Or Judge Raymond Kethledge? http://bit.ly/2z2VkEl  (by @DavidLat re: #SCOTUS #AppellateTwitter)

      1 reply 3 retweets 10 likes
    2. W. Burlette Carter‏ @wddaughter Jul 2
      Replying to @atlblog @DavidLat

      “The dominant strain of originalism these days is original public meaning rather than original intent ...” hmmm, no.

      1 reply 0 retweets 1 like
      David Lat‏Verified account @DavidLat Jul 2
      Replying to @wddaughter @atlblog

      I'm pretty sure I'm right on this (that the dominant strain of originalism these days is original meaning rather than intent) - but I welcome input from @ilanwurman @IlyaSomin @jadler1969 @OrinKerr or other smart people

      4:35 PM - 2 Jul 2018
      • 14 Likes
      • C William Baude Ellie Margolis Beau Carter Jordan Amdahl Ben Adlin Brian L. Frye Orin Kerr
      1 reply 0 retweets 14 likes
        1. New conversation
        2. Orin Kerr‏Verified account @OrinKerr Jul 2
          Replying to @DavidLat @wddaughter and

          Yup. I think this has been true for several decades.

          4 replies 0 retweets 14 likes
        3. Jonathan H. Adler‏Verified account @jadler1969 Jul 2
          Replying to @OrinKerr @DavidLat and

          What Orin said.

          1 reply 0 retweets 3 likes
        4. Rob Strodtman‏ @RobStrodtman Jul 2
          Replying to @jadler1969 @OrinKerr and

          Would it be fair to say that original public meaning has been dominant in the i/academy/i for several decades? Thomas and Gorsuch often seem to state they are applying original public meaning but then immediately slip into an original intent or expectations analysis.

          1 reply 0 retweets 0 likes
        5. Ilan Wurman‏ @ilanwurman Jul 2
          Replying to @RobStrodtman @jadler1969 and

          This is a good question. I think the best answer is that text only has meaning in context, and part of that context might be the framers’ intent, background principles of law, etc. There are others views, but that’s too much to get into here so maybe you can check out my book! :)

          1 reply 0 retweets 1 like
        6. Rob Strodtman‏ @RobStrodtman Jul 2
          Replying to @ilanwurman

          Anything you'd recommend in particular from your SSRN as well? (I'm licensed I can take it) The response is good - I was just vaguely recalling a point Dorf made in his recent debate with Barret which resonated with my initial impressions of those two this term in a few spots.

          0 replies 0 retweets 0 likes
        7. End of conversation

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