Originalist Sin 0
At the Bangor Daily News, Gordon Weil looks at the implications of Justice (sic) Alito’s draft abortion decision. He is not sanguine. A nugget:
That’s constitutional originalism. That logic could raise the question of whether the Second Amendment right to own a gun, adopted in 1791, should be limited to protecting only muzzle-loader ownership.
If the only rights the federal government can protect are limited to those expressly listed in the Constitution and then only as they applied when the document was adopted, the U.S. would plunge headlong back to the late 1700s.
