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.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).