There’s a pretty poorly kept secret the Courtier Press has avoided pointing out for some time now. Originalism isn’t real. It’s nothing but a fig leave designed to head off criticism of the corrupt, Conservative majority of SCOTUS. They don’t mean it. They’ve never meant it. Do people who believe in Constitutional Originalism rely on 17th Century witch hunters and AMA lobbying from the 1850s to overturn Roe v Wade? Do they go to the 1300s to justify restrictions on gun rights that go too far when they’re already ignored the entire historical record to pretend people in the late 1700s favored open carry of every gun they could have possibly Imagined...and some they couldn’t? Do they pretend Jefferson’s letter to the Danbury Baptist Church was never written so they can write theocracy into a constitution that excluded state-sponsored religion? Originalism is dead, and it has always been fraudulent.
Of course not, and the MSM is YEARS late pointing it out. The Roberts court will claim Originalism if that’s what they need to get the outcome they want. They’ll claim Textualism if that’s what they need to get the outcome they want. They’ll just make something up out of thin air if that’s what they need, as they did with Trump v US...and isn’t that just about the most accurately named case ever?
Because what they really believe in is starting with the preferred outcome and reverse engineering whatever argument it takes to justify their own corruption.
All of this has become more obvious with each Supreme Court term. They’re so far out on the limb now, they’ve taken so many hacks at their own credibility and exposed so much of their own corruption we cannot possibly continue on this path. The last time it got this bad, Roger Taney was Chief Justice of the Supreme Court, and his own pen made civil war inevitable through his Dred Scott decision. The corrupt, conservative majority are daring We the People to do something about it.
I’m not saying we’re headed for civil war. We managed to avoid it at the end of the Lochner Era. I don’t even know how a civil war would work, as there are red areas in every blue state and blue areas in every red state. I still think it bears asking, however...how does this end?