@normative.bsky.social@bsky.brid.gy
2026-10-05 17:54 UTC
The irony of course is that Originalism’s big selling point was supposed to be constraining the discretion or judges to impose their own political preferences as law. In practice the effect has been very much the reverse: Liberating justices from the constraints of stare decisis.
RE: https://bsky.app/profile/did:plc:twasya42lpacrrncfhcrbjyv/post/3mwy2b57mn22m
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@normative.bsky.social@bsky.brid.gy 2026-10-05 17:56
It turns out that it’s a lot easier to proof-text whatever outcome you want into the 18th century historical record (or, failing that, British common law) than it is to upend a series of judicial precedents directly on point.