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From: JAB <here@is.invalid>
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Subject: originalism
Date: Fri, 28 Jun 2024 19:51:16 -0500
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The Supreme Court is off the rails
Jennifer Rubin
.....
......
Put more simply, "originalism" does not work in practice. Forcing
courts to transport us back to the 18th century (before domestic abuse
laws, voting rights for women, the industrial age, etc.) creates
uncertainty, chaos and horrific results. If we insist on locking in
gun rights in 1791 and due process in 1868, we will have an America
that virtually no one wants to live in, a legal system that is
unworkable and a society in which disfavored groups lose progress made
over centuries.

Frankly, Jackson's observation is on target with virtually any topic
(e.g., guns, legislative deference, equal protection, substantive due
process) because originalism in the hands of her colleagues has become
a results-oriented exercise to roll back the habits, laws and values
of modern America. It's not simply that some justices cherry-pick
history to reach the right-wing results they want; it's that the
entire exercise is unworkable and perverse.

https://www.washingtonpost.com/opinions/2024/06/26/mailbag-newsletter-supreme-court/

I believe the founding fathers were progressives, and attempted to see
the best way forwarded based upon what they knew.

This originalism is conservative non-sense...