This case wasn’t about rights it was about administrative policy and legislation. They seemed to actually be subtlely nudging for Congress to act in the opinion.
As a counterpoint to your well reasoned argument, you could also easily say constitutional organizists want to strip back any equality or progress our society has made via the courts. They do this by weaponizing the fact that we have a broken legislature. To achieve their goals of stripping freedom and rights from the “outgroups” all they have to do is be explicitly literal when it suits them, ignoring all intent of a law, and then the outgroups will be powerless to actually regain those rights, effectively legislating our nation from the bench.
When a law that helps people that they dont like comes before them, then they can suddenly “guess at intent” and “give standing to anyone.” A clear example of this is when they struck down Biden 400B student loan forgiveness. The law itself gave the executive incredibly wide powers, and Biden worked entirely in them to enact that forgiveness. He followed the “originalist” interpretation, but suddenly all these originalsist jusges had questions about “greater fairness” and “was this really in the intent of the law” when it says in effect “the executive can do what the fuck they want.” They even let a state just “get standing” by claiming one of its agencies would have had standing if it sued. The agency did not in anyway sue. That’s how bad they wanted to not be origionalists when it suited them.
The argument of originalists is very specifically that progress shouldn’t be made via the courts in the first place.
That is what they say, but for some reason the outcome tends to be the absolute worst interpretation of words taken out of the context of when they were written and ignoring centuries of precedent. They also tend to throw out the laws that are written in response to their rulings.
This case wasn’t about rights it was about administrative policy and legislation. They seemed to actually be subtlely nudging for Congress to act in the opinion.
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As a counterpoint to your well reasoned argument, you could also easily say constitutional organizists want to strip back any equality or progress our society has made via the courts. They do this by weaponizing the fact that we have a broken legislature. To achieve their goals of stripping freedom and rights from the “outgroups” all they have to do is be explicitly literal when it suits them, ignoring all intent of a law, and then the outgroups will be powerless to actually regain those rights, effectively legislating our nation from the bench.
When a law that helps people that they dont like comes before them, then they can suddenly “guess at intent” and “give standing to anyone.” A clear example of this is when they struck down Biden 400B student loan forgiveness. The law itself gave the executive incredibly wide powers, and Biden worked entirely in them to enact that forgiveness. He followed the “originalist” interpretation, but suddenly all these originalsist jusges had questions about “greater fairness” and “was this really in the intent of the law” when it says in effect “the executive can do what the fuck they want.” They even let a state just “get standing” by claiming one of its agencies would have had standing if it sued. The agency did not in anyway sue. That’s how bad they wanted to not be origionalists when it suited them.
.
That is what they say, but for some reason the outcome tends to be the absolute worst interpretation of words taken out of the context of when they were written and ignoring centuries of precedent. They also tend to throw out the laws that are written in response to their rulings.
Maybe we should evaluate their honesty based on their actions and not what they say their intent is.
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