Originalism is an utter sham. It is bogus pseudointellectual claptrap trotted out when convenient, then put away when otherwise.

Originalism is a code word for white male supremacy.

Originalism is nothing more than a tool currently in use by federalist society christofascists to reverse engineer outcomes dictated by their masters.

Originalism Is Going to Get Women Killed-
https://www.theatlantic.com/ideas/archive/2023/02/originalism-united-states-v-rahimi-women-domestic-abuse/672993/

Originalism is going to get women killed

A federal court has ruled that a law barring domestic-violence offenders from owning firearms is unconstitutional.

The Atlantic
@TonyStark Originalism is horse shit on steroids.

@TonyStark

“The presence of a gun in a domestic-violence situation increases the risk of femicide by more than 1,000 percent. Originalism is going to get women killed.”

This is exactly what the gun nuts want.

@MJ @TonyStark
Retired from law enforcement, even as in an Administration role, you learn that being the woman in an abusive relationship, it is only a matter of time until you are killed by the male abuser with a gun... unless you are "lucky" enough to get him first (with a gun).

Common thing....GUN!

@Ibleedblue @TonyStark It’s no way to have a decent society. Shoot outs just make two dead people. Or more. Usually more.
@MJ @TonyStark
NRA had made it so our society no longer decent. For what? GREED! Basically, the root of all evil. That's what ultimately is killing our society, along with the feeling of power they believe they have gained. Money=Power, Power yields more 💰. Repeat.

@TonyStark

Excellent article, Tony, on a horrible ruling and on Thomas' toxicity.

Quoting:

Instead of counseling “If it ain’t broke, don’t fix it,” originalism instructs “If it’s still broken, you still can’t fix it”—a prescription for permanent crises in America, unsolvable in the present because they were not solved in the past

In Bruen, the Supreme Court announced a strict new originalist standard for evaluating the constitutionality of laws regulating guns. A gun law is now valid only if it's “consistent with the Nation’s historical tradition of firearm regulation.” And even then, Thomas wrote for the majority, “not all history is created equal.” (This is how the Bruen court justified striking down a law that had been on the books for more than a century.) The elected branches must prove to the judiciary that a sufficiently analogous regulation existed roughly 230 yrs ago, when the 2nd Amendment was adopted, or potentially 155 yrs ago, when the 14th Amendment was adopted.

Kids With Guns: Missouri GOP Votes Against Minor Open Carry Ban

Only one Republican state representative supported a ban on minors openly carrying in public without adult supervision

Rolling Stone

@TonyStark

Defenders of "originalism" wholly neglect Article V of the Constitution which says in essence ... this document isn't perfect so feel free to amend it. But those defenders still don’t want me counted as a whole person.

@TonyStark

It doesn't matter what you use to justify hate and tyranny. It is still hate and tyranny.

@TonyStark
i recommend Sandy Levinson's excellent overview of constitutional interpretation https://www.constitution.org/1-Activism/mil/embar2nd.htm
The Embarrassing Second Amendment

@TonyStark

⬆️ ⬆️ ⬆️ ⬆️ ⬆️

💯

I think it is looking for a justification for a predetermined outcome.

I mean, come-on, Alito looked for a witch-burner to justify denying women’s rights.

That’s originalism in a nutty nutshell.

@Tengrain That it is.

Originalism is a tool of tyranny.

@TonyStark what’s even more hilarious is they don’t even mean it. There was no personal right to firearms. The court didn’t “find” that until 2008. Hell, the court itself can’t interpret law. It invented that job for itself if you were a “strict originalist“ then you shouldn’t even be ruling. The modern GOP is a threat to truth itself. #courts #supremecourt
@sandyclaus @TonyStark So right. The GOP SCOTUS is a total sham. They lied in the decision regarding school prayer on the school football field. Sotomayor pointed it out, but they don’t care. They know they won’t be held accountable. They just say a bunch of words and do as they please. They are the greatest threat to our democracy right now. I’m terrified of what their rulings will bring this year.

@TonyStark
If I may offer a slight (actually huge) correction: “originalism is ALREADY getting women killed”

By rolling back Roe v Wade, women dying from botched abortions, sepsis, ectopic pregnancies, etc, will become more commonplace.

@TonyStark "Women weren't full citizens in 1789, so you can't ever be. Sorry!"
@MariaHill @TonyStark people from centuries ago had EVERYTHING figured out

@TonyStark This more of the same. Distract, distract, distract. Lets throw more panic into the system so no one can think straight.

The messaging is clear - they're willing to do literally anything to get what they want. We need to fully engage them at all legal levels.

@TonyStark which is the Goal of Facism
@TonyStark what originalism is trying to say is we the people agreed to this meaning at this time, and we agreed that we would go through this long tortured process to change things . . . what's happening is they are saying things didn't mean what they meant at that time but what the jurist thinks it would have meant if they were back in that time and had what they believe to be a good understanding of that time however they aren't historians. . . .
@TonyStark it's all a long way of saying they want to be able to say this is what everyone knew at the time without it being true. . . It is harder for most people to fact check 200 year old stuff, and it's easy to get people to change what they think they now. Just look at guns NRA started out in agreement that the 2nd amendment only protected the states not individual right to own guns. . . .
@TonyStark Simple test for originalism is how it can possibly not find the cap on the number of House members to be constitutional when it clearly breaks the balance of power as it was set up originally.

@TonyStark

Fertile earth for motivated reasoning. Almost none better.

@TonyStark

“abortion is not mentioned in the Constitution, and is not “deeply rooted” in our “history and tradition.”

True enough. The Constitution has nothing to say about women’s reproductive health

the original document does not mention women at all.”
https://theatlantic.com/ideas/archive/2022/05/supreme-court-roe-handmaids-tale-abortion-margaret-atwood/629833/

#Abortion #WomensRights #USA #Sexism

Margaret Atwood: The Court Is Making Gilead Real

I thought I was writing fiction in <em>The Handmaid’s Tale</em>.

The Atlantic
@TonyStark Non-fake originalism is known as history study.
@TonyStark The amusing part is not even the Originalists follow it. They make it up as they go...
@TonyStark The groups demanding originalism really gloss over how thr founders repeatedly said the constitution is a living document that needs to grow and change with the times.
@TonyStark Only white male landed gentry should vote. That's originalism.
@TonyStark one of the gravest ironies of Originalism is that it enshrines pre-Constitutional English Common Law jurisprudence as the sacred means of interpreting original meaning - the literal noxious paternal system that the colonists rebelled against at one of the worst periods in history with witch hunts, depredations of civil and religious war, abuse of the poor and colonialism.
@TonyStark it’s really just a means of saying “this is how I want to rule, and I’m going to ground the defense of it in the authority of some 1640s witch-persecuting prosecutor since that makes it impossible to debate or rebut.”
@TonyStark I’m going to need a moment to get over reading “women and other minority groups”.
Women aren’t a minority . BIPOC won’t be for long. The minority in this article? The white originalists.