• draneceusrex@lemmy.world
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      3 months ago

      If they could be strictly Originalist though, I could almost forgive them. I don’t see a real Originalist argument for Presidential Immunity, as just one example.

      • LibertyLizard@slrpnk.net
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        3 months ago

        This is the main issue with so-called originalists. If they dispassionately followed their own philosophy it would be one thing. The law is the law, as written and as intended by its authors. There is a certain undeniable logic to this approach, and I think even if you reject it, it is fundamentally a philosophy that one could respect.

        But orientalists never did this. They have constantly engaged in at least as much “legislating from the bench” as other jurists. It is a rare day when we saw a decision where originalism overcame their right-wing ideology.

        In practice, originalism is just a rhetorical weapon, and not a serious idea.