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a question to ask any originalist which set of founders or founding are they pulling their ideas from? the revolution or reconstruction? the choice will tell you a lot about someone’s thinking
These mistakes originalist justices are making aren’t about disputed interpretations of history, with evidence on both sides. They’re pulling quotes out of context to attribute ideas to founding figures that those figures adamantly opposed. (via @andycraig.bsky.social) reason.com/volokh/2024/...
The Supreme Court's Dubious Use of History in Department of State v. Munozreason.com Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.