NonilexJul 19, 2024
‘The #Originalism Trap’ is a cutting critique of the #judicial theory

Madiba K. Dennie argues that “originalism deliberately entombs historically #marginalized groups’ #legal claims to #liberation”

#SCOTUS #law #nonfiction #books
https://www.washingtonpost.com/books/2024/07/19/originalism-trap-madiba-k-dennie-review/
‘The Originalism Trap’ is a cutting critique of the judicial theory

Madiba K. Dennie argues that “originalism deliberately entombs historically marginalized groups’ legal claims to liberation”

The Washington Post
Show threadNonilexJul 19, 2024

One of the more striking questions raised by #SCOTUS’ controversial recent decisions—such as its partial shielding of #Trump from #criminal liability for his efforts to overturn the legitimate result of the 2020 pres election—is how they square w/the court’s embrace of #originalism as a theory of constitutional interpretation. The court’s #immunity decision…was mainly non-originalist in its reasoning, despite the fact that 7 justices…have shown some affinity for originalist interpretation.

#law

Show threadNonilexJul 19, 2024

#Originalism is the assertion that judges should be guided & limited in interpreting the #Constitution solely by something original in it, although that “something” has shifted over time — from the original #intent of its #framers, to the original public #meaning of its text, to the original #law at the time of its adoption, w/various sub-theories now debated. The theory has been sharply criticized.

#law #SCOTUS

Show threadNonilexJul 19, 2024
For one thing, skeptics say, its adherents have abandoned their search for the #intent of the #framers, a quixotic task that can lead only to indeterminate answers. #Originalism as currently practiced is a modern invention whose methods have little to do w/how the founding generation conceived of the #Constitution or its method of interpretation, as recent historical research has shown. The theory’s advocates claim objectivity as one of its strengths, but the court relies on it haphazardly:
Show threadNonilexJul 19, 2024
It’s invoked when its purported results align w/the priorities of #conservative #Republican activists — about individual #gun rights, for instance — & ignored or modified when, to take two examples, #SCOTUS wishes to invalidate #AffirmativeAction or strike down #protections for the #VotingRights of *minorities*.
Show threadNonilexJul 19, 2024

In “The #Originalism Trap: How #Extremists Stole the #Constitution & How We the People Can Take It Back,” Madiba K. Dennie, a #CivilRights lawyer & #legal commentator, offers a trenchant, sharply worded critique of originalist theories — & a call for a popular revolt against them. This is a timely project given that the number of #SCOTUS justices who espouse such theories could increase if #Trump is elected to the White House again this fall.

#law #books #nonfiction

Show threadFinchHaven infosec

@Nonilex

The mask is off

All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie

The Constitution is now open to interpretation that is entirely fluid, situational, and expedient

Any position taken by the #Republican party is subject to alteration or erasure as needed, as situations change

It's far right #SCOTUS #ActivistJudges all the way down from here on out

Jul 19, 2024 at 11:06pmWeb