Procrustes Stretched
"intuition and imagination and intelligence"
Originalism Is Not Owned By Conservatives
There is a consensus in the legal community that Supreme Court Justice Hugo Black, a liberal, was an Originalist on the bench. There are more than a few forms originalism takes. For instance most people I've dealt with believe, loads of evidence to the contrary, that Justice Clarence Thomas follows Justice Antonin Scalia around like a lap dog, without a judicial philosophy of his own. One is a texualist and the other is into strict constructionalism: a distinction with a huge difference.
I wonder who here agrees with Scalia and not Thomas, or with Black but not Thomas and/orScalia, or any combination thereof?
I wonder if my own beliefs and those of others are truly principled or if they are open to varying degrees to being influenced by political and ideological battles playing out in the political arena and elections?
Where do you all stand? Do you even know? Is this to arcane or obscure a subject? I wonder. I wonder if this is why we often have opinions that are contradicted by decisions we say we oppose or support.
There is a consensus in the legal community that Supreme Court Justice Hugo Black, a liberal, was an Originalist on the bench. There are more than a few forms originalism takes. For instance most people I've dealt with believe, loads of evidence to the contrary, that Justice Clarence Thomas follows Justice Antonin Scalia around like a lap dog, without a judicial philosophy of his own. One is a texualist and the other is into strict constructionalism: a distinction with a huge difference.
I wonder who here agrees with Scalia and not Thomas, or with Black but not Thomas and/orScalia, or any combination thereof?
I wonder if my own beliefs and those of others are truly principled or if they are open to varying degrees to being influenced by political and ideological battles playing out in the political arena and elections?
Where do you all stand? Do you even know? Is this to arcane or obscure a subject? I wonder. I wonder if this is why we often have opinions that are contradicted by decisions we say we oppose or support.