Originalism would be better named “selective originalism” because it cherry picks specific parts out of context and ignores the rest. A religion of legality.
Exactly. It’s not a legal theory, just an smokescreen right-wing judges use when their fascist agenda happens to align with some twisted quasi-historical interpretation of the law.
Originalism would be better named “selective originalism” because it cherry picks specific parts out of context and ignores the rest. A religion of legality.
In other words, fundamentalism.
Exactly. It’s not a legal theory, just an smokescreen right-wing judges use when their fascist agenda happens to align with some twisted quasi-historical interpretation of the law.