Jurisprudence

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• SOURCE: The Atlantic
  7/20/2022
  

  Originalism is Just Selective History

  by David H. Gans

  "This is a Court that insists it is following history and tradition where they lead, while cherry-picking the history it cares about to reach conservative results."

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• SOURCE: Made By History at the Washington Post
  11/3/2021
  

  If the Justices Really Value "Originalism," They Can Only Vote One Way in Guns Case

  by Saul Cornell

  "If the justices professing to believe in originalism are sincere about their method, this case offers the rare opportunity to prove that originalism is not always a prescription for results-oriented judging that follows a conservative political agenda."

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• SOURCE: Slate
  3/19/2021
  

  Neil Gorsuch Supports an Originalist Theory That Would Destroy Modern Governance

  Julian Davis Mortenson and Nicholas Bagley put forth a sweeping argument: an ascendant legal theory championed by conservative originalists has no actual basis in history.