When Vermeule et al tell us that originalism has done nothing for conservatism, remember that’s what passed for an acceptable GOP nominee for decades
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For all the recent griping about the Federalist Society the status of judicial conservatives before they got going was yugely worse
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Yes he was at the time he was nominated. The gop went batshit since
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Lol. Roe V Wade, which like no one cared about until Scafley et al made it a culture war. "Conservative" used to have a wider definition besides "I got mine and thats enough for us all".
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If you agree we should regulate the sale of lethal weapons you're not conservative. This rationale is one of the reasons why a major faction of the Republican party is now casting its lot with sedition.
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Only when looking back 50 years is Roe a liberal vs conservative decision. Was Brown a liberal vs conservative decision? Was Plessey? Are you confusing Scalia's Originalism with Conservatism?
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I think it’s worth pointing out that Burger was around before the modern era of second-amendment scholarship. This is important. Most changes in the law in the last 20 years rely on sound, careful scholarship that simply didn’t exist when he was around.
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Amazing use of the word “fraud” from a Justice who couldn’t utter the final 4 words of that Ammendment. Shall not be infringed.
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I wouldn’t call it a fraud but the thought that the 2nd amendment guarantees an individual right to guns is a recent one. In the past it was only thought to apply only to militias. See Presser v Illinois. I’d also highly recommend the book Second amendment, a Biography
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His statement was fully consistent of someone with authoritarian instincts.
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