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rland | 3 years ago

In light of recent events, the only conclusion I can arrive at is that originalism as a legal theory was a decades-long project created with the express purpose of overturning the Warren-era jurisprudence. Roe is the first salvo, but there are many more regressions coming.

It was not created as a good-faith "alternate interpretation." It is not a cohesive or logical theory. It is, instead, a weapon, whose targets should be clear to everyone now. The way the weapon works is that you assume that it is being made in good faith and engage with it on its own terms. And then, again and again, get owned. Because the other guy is just making stuff up, and you, the sucker, are actually arguing.

I'm not quite in conspiracy territory yet, but I really would like to know what they are saying out loud behind closed doors at the Federalist Society HQ.

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