Dean Chemerinsky is Wrong on Originalism (Again)
In The Atlantic, Erwin Chemerinsky: Even the Founders Didn’t Believe in Originalism. He principally argues points, both of which have been refuted many times, but it’s probably worth going through them again. A third, which he introduces only at the end, is...
NYSRPA v. Bruen on the Merits
Moving beyond the methodological aspects (see here and here), what about the outcome in New York State Rifle & Pistol Association v. Bruen? Here are some quick thoughts (with apologies to those on both sides who have spent a lot more time than I have on this...
The Origins of Originalism
If you listen to progressives, “originalism” is nothing more than a crackpot conservative way to discriminate against minorities through “bad” court decisions. Or maybe it’s just to overturn what they consider to be “good” court decisions. Either way, the fear is that...