joeinwynnewood,
@joeinwynnewood@mstdn.social avatar

"Originalism is a modern-day lie about history that presents itself as historical. And originalism, marketed in the 1980s and ’90s as, at bottom, a theory of judicial restraint, has now become an uncontrollable and unpredictable Tasmanian devil that has gobbled up decades of precedent, the regulatory state ... and the line between church and state."

Dahlia Lithwick explains how originalism took over the courts and dictates the law on guns, abortion, and more.
https://slate.com/news-and-politics/2024/05/originalism-ate-the-law-what-now.html

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