Wednesday, October 21, 2020

Dorf on Law: Confronting Originalism: Truths and Myths

An accessible and lucid survey by Professor Segall with helpful links on how originalism (viz. Amy Coney Barrett) has become a signal, not a method of analysis. - gwc
Dorf on Law: Confronting Originalism: Truths and Myths
by Eric Segall
"in 2020, the most important truth about Originalism is that it is no longer a distinctive theory of constitutional interpretation but a signifier of and justification for conservative or libertarian politics. And this shouldn't be surprising because, after all, law is politics 90% of the way down."

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