Deeply confused by this @CassSunstein column. The argument that originalism is required by the oath of office is not a particularly novel claim. It has bounced around originalist legal scholarship for many years now. https://www.bloomberg.com/opinion/articles/2020-05-15/is-the-constitution-a-living-document-supreme-court-can-decide …
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Hanging things on the oath was never my argument in the first place. My concern is the legitimacy of judicial authority.
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