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Comment by yyuugg

In general, I find the concept of originalism to meet this criteria. Especially as originalist justices are turning to tradition over originalism. The bend from "the words as originally written" to "our traditions" is a fundamentally conservative (lowercase c) one.

In cases like Vidal v. Elster, United States v. Rahimi, and Samia v. United States I think you'll see the justices straining to understand how how square originalism against the modern world, and having to turn to another justification, traditionalism, which feels more like a "I believe this to be true, due to my political lenses" than perhaps some originalist justices in the past.

That said, I personally find originalism to be pretty conservative already (lowercase c again), and kind of silly, but the recent justice appointments are dialling it up more and more.

parent yyuugg 1 year ago

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