The whole point of courts is to apply rules that were written in the past. Progress is supposed to come from voters electing people to write new rules.https://twitter.com/sarahjeong/status/1121833278778904576 …
Parts of Dred Scott were not originalist, and the originalist parts were not good originalism. The third section of the opinion, invalidating the Northwest Ordinance, was the origin of substantive due process & not defensible on originalist grounds.
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Originalism is all made up anyway. It doesn't mean anything except "ignoring the law to achieve outcomes desired by conservatives." Now that the Georgetown Prep Rapist is on the Supreme Court, Originalism is going to allow the President to decide criminal cases.
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