"Alito specifically called out what he termed the "wrong turns" of originalism - which seem designed to encourage more extreme right results. As reported by Law.com: The first, he said, was displaying "insecure" originalism, which he described as people who remain on the "defensive" and are "haunted" by accusations of judicial activism. These originalists, he said, are "allergic" to any discussion of the value of the results produced by originalist methodologies."
""That is a mistake," Alito said, asserting that it is important for originalists to focus on what he viewed as the positive outcomes of interpreting the Constitution by looking to the ordinary public meaning at the time of its ratification. "More than any other theory, it furthers the common good," Alito said. Ah, remember when activist judge was the ultimate conservative insult for liberal jurists? To assuage those who might be squicked out by the dig being rightly turned back on originalists, Alito suddenly has a different angle - insult them as "insecure." Real mature."
Samuel Alito presented himself as a "working judicial originalist" who strives to achieve originalist aims within the framework of the legal system. He criticized various strains of originalism as wrong turns, singling out "insecure" originalism that avoids discussion of results and remains defensive and haunted by accusations of judicial activism. He argued that originalism should acknowledge and emphasize beneficial outcomes, asserting that interpreting the Constitution by ordinary public meaning furthers the common good. He attacked partial, academic, and black-and-white originalism variants and sought to persuade fellow jurists toward his more assertive conservative judicial approach.
Read at Above the Law
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