The attack on originalism seems directed at the philosophy itself when it should be directed instead towards judicial misapplication. The vast majority of true originalists believe that Bostock and Obergefell were both wrongly decided.
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In the instance of Bostock, the reflection should not be “originalism failed,” but rather “Neil Gorsuch failed.” The problem is not that Gorsuch was too originalist; it’s that he wasn’t originalist enough.
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If only there was a normatively attractive reason to embrace originalism that involved second best theories of popular sovereignty under a Constitution that robustly protects the right of citizens to promote first order theories of human flourishing that promote the common good.
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