#originalism

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fromAbove the Law
21 hours ago

Supreme Court Just 'Calvinball Jurisprudence With A Twist,' Writes Justice Jackson - Above the Law

Conservative jurisprudence operates like Calvinball—applying textualism and originalism inconsistently to justify preferred outcomes, including in the Supreme Court's NIH v. APHA decision.
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US politics
fromAbove the Law
2 months ago

Morning Docket: 05.27.25 - Above the Law

Trump and his allies are discussing how to influence firms on key matters despite denials of authority.
Texas' new legislative plan risks incurring vast legal expenses for taxpayers.
Ed Martin may pardon individuals related to the Whitmer kidnapping plot.
Judges in Texas law schools teach a conservative interpretation of the Constitution.
Writing
fromwww.nytimes.com
3 months ago

Opinion | We Should Play the Constitution Like a Piano

Originalism limits constitutional interpretation by ignoring the need for individual judgment and adaptability in a changing society.
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