Originalist Sin 0
Joe Patrice explores the con that is “Constitutional Originalism.” A snippet (emphasis added):
It (originalism–ed.) has always been a lie of course, but it’s a pretty successful one.
The conservatives on the Court have all but given up the facade of Originalism, granting cert in a gay rights case signaling an intent to protect Catholic Social Services who got cut off by the Philadelphia adoption program for refusing to place children with same-sex couples. The basis for the looming decision, previewed over the last several years by Supreme Court Oracle Justice Alito, is that religious freedom requires government respect the religious freedom to violate discrimination laws. The only problem with this plan is that the conservatives have already ruled that the “Originalist” read of religious freedom is the exact opposite. Apparently there are more different “Originals” in the First Amendment than there are in Ray’s Pizza establishments.
