@normative.bsky.social@bsky.brid.gy
2026-10-05 17:56 UTC
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.
Replies (1)
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@normative.bsky.social@bsky.brid.gy 2026-10-05 20:39
These aren’t necessarily objections to the Platonic form of Originalism as an academic theory, but it sure looks like what’s going on with a lot of the actually-existing Originalism observed in the wild.