More on Dobbs, Originalism, and Conservative Legal Thought
I was very interested in the posts by Josh Blackman and Stephen Sachs about possible outcomes in Dobbs and what they might say about originalism and/or the conservative legal movement. I wanted to add an observation about Josh’s post, too.
If Josh’s observations about current attitudes are right, it’s interesting to contrast perspectives now from perspectives just a few short years ago. A few years ago, the prevailing narrative was that originalism was primarily a theory of what the right answer should be as a first principle — recognized, at least in the past, as a separate question from what a Court should do when precedents on the books were different. As Marc Degirolami put the point, originalism was understood as a theory of interpretation, while stare decisis was understood as a theory of adjudication. Originalist theorists then pondered what the relationship between the two should be, without an obvious consensus view emerging.
If Josh’s observations are accurate, that perspective has been dropped (at least among attendees he spoke with) in favor of a transactional view: The point was to get to a certain result, and the only question is whether the result will be achieved or if some illegitimate barrier (the liberal media, etc.) might get in the way. Perhaps this is the difference in perspective between academic theorists and the practitioners who most populate the national conference. Or perhaps it’s the difference between what gets said before the Court has new members that makes a goal possible versus what gets said after that. I don’t know But it seems like a notable shift.
Source: https://reason.com/volokh/2021/11/15/more-on-dobbs-originalism-and-the-conservative-legal-thought/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Visits: | 1,706,517,730 |
| Stories: | 8,445,879 |
Whistler Blowers, Insiders
