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  • originalism

    From JAB@21:1/5 to All on Fri Jun 28 19:51:16 2024
    The Supreme Court is off the rails
    Jennifer Rubin
    ....
    .....
    Put more simply, "originalism" does not work in practice. Forcing
    courts to transport us back to the 18th century (before domestic abuse
    laws, voting rights for women, the industrial age, etc.) creates
    uncertainty, chaos and horrific results. If we insist on locking in
    gun rights in 1791 and due process in 1868, we will have an America
    that virtually no one wants to live in, a legal system that is
    unworkable and a society in which disfavored groups lose progress made
    over centuries.

    Frankly, Jackson's observation is on target with virtually any topic
    (e.g., guns, legislative deference, equal protection, substantive due
    process) because originalism in the hands of her colleagues has become
    a results-oriented exercise to roll back the habits, laws and values
    of modern America. It's not simply that some justices cherry-pick
    history to reach the right-wing results they want; it's that the
    entire exercise is unworkable and perverse.

    https://www.washingtonpost.com/opinions/2024/06/26/mailbag-newsletter-supreme-court/

    I believe the founding fathers were progressives, and attempted to see
    the best way forwarded based upon what they knew.

    This originalism is conservative non-sense...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Anonymous@21:1/5 to JAB on Fri Jun 28 23:28:37 2024
    JAB wrote:
    The Supreme Court is off the rails
    Jennifer Rubin
    ....
    .....
    Put more simply, "originalism" does not work in practice. Forcing
    courts to transport us back to the 18th century (before domestic abuse
    laws,

    No such thing as "domestic abuse".

    voting rights for women,

    Women shouldn't be allowed to vote.

    the industrial age, etc.) creates
    uncertainty, chaos and horrific results. If we insist on locking in
    gun rights in 1791 and due process in 1868, we will have an America
    that virtually no one wants to live in, a legal system that is
    unworkable and a society in which disfavored groups lose progress made
    over centuries.

    Frankly, Jackson's observation is on target with virtually any topic
    (e.g., guns, legislative deference, equal protection, substantive due process) because originalism in the hands of her colleagues has become
    a results-oriented exercise to roll back the habits, laws and values
    of modern America. It's not simply that some justices cherry-pick
    history to reach the right-wing results they want; it's that the
    entire exercise is unworkable and perverse.


    https://www.washingtonpost.com/opinions/2024/06/26/mailbag-newsletter-supreme-court/

    I believe the founding fathers were progressives, and attempted to see
    the best way forwarded based upon what they knew.

    This originalism is conservative non-sense...

    You kikes destroyed the Constitution and the Bill of Rights decades ago.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JAB@21:1/5 to Anonymous on Sat Jun 29 21:31:28 2024
    On Fri, 28 Jun 2024 23:28:37 -0400, Anonymous <anon@anon.net> wrote:

    You kikes destroyed the Constitution and the Bill of Rights decades ago.

    Congress/Courts determine 'what's happening'. And conservatives have
    had a long number of in power years recently.

    Remember that wall that Trump did not build? ETC...but Trump did
    assist the business community with wonderful tax/etc benefits.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Anonymous@21:1/5 to JAB on Sat Jun 29 23:23:11 2024
    JAB wrote:
    On Fri, 28 Jun 2024 23:28:37 -0400, Anonymous <anon@anon.net> wrote:

    You kikes destroyed the Constitution and the Bill of Rights decades ago.

    Congress/Courts determine 'what's happening'. And conservatives have
    had a long number of in power years recently.

    The House of Representatives has been irrelevant since Rosenfeld, and "conservatives" reliably conserved NOTHING.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)