I don't think this result is "conservative" under any possible definition I think you mean a pro-Trump interpretation. But I don't believe originalists on Court like Scalia usually voted in short term interest of Republican Party (but cf. Bush v Gore). They voted ideology.https://twitter.com/lsolum/status/1022602155289731072 …
-
-
If you think that people don’t care about the emoluments litigation, l think you are demonstrably wrong.
-
They care but it is a one-off I doubt Ted Cruz or Marco Rubio or Kamala Harris or Cory Booker will have emoluments issues, and that partisan stances on the questions will survive past Trump. It is not an enduring split like guns or abortion.
-
Agreed, it is highly partisan and political, but not an enduring issue. I never claimed it was.
-
then I fail to see the point in your thread on the case of flagging it as a "not conservative" result.
-
I just discussed this point. It is immensely important that originalism (the normative theory) leads to mixed results. Some conservative, some liberal, some libertarian, some progressive, some neutral.
End of conversation
New conversation -
-
-
The point is that originalism does not inherently lead to conservative results. I am defending a normative theory. I am not making a claim about particular judges. You want to discuss an entirely different topic.
-
OK, got it. I agree that in theory it does not lead to inherently conservative results. I believe in the cases that matter to most conservatives, it leads to conservative results in the hands of self-proclaimed "originalist" judges. Thanks again for the dialogue Larry.
-
What seems to get dodged is that Living Constitutionalism, AKA "Getting Away With It" AKA "We'll Just Do It Anyway" has generally led to socialist (rarely liberal) results and that originalism is a danger to this law breaking by Congress and therefore reviled by the left.
-
Most truly liberal changes have been made in the Constitution itself via Amendment, as intended, with super majorities.
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.