Rick, even you might be surprised! https://ssrn.com/abstract=3175412 …https://twitter.com/rickhasen/status/1022259737641897984 …
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I don't doubt that you can construct originalist rules that would be more principled than what Scalia and Thomas have done. But I do doubt that any Justice would follow such rules. I also don't believe that following such rules is mandated by the Constitution, or desirable.
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Communism, er Originalism, cannot fail. It can only be failed.
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False in both cases. For originalism to succeed, several preconditions must be satisfied, including building out the intellectual infrastructure, creating a rigorous methodology, gaining political support, and much else.
End of conversation
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