“Originalism is not neutral and never has been,” the attorney Fabio Bertoni writes. “It is a political tool designed to halt progress.”
on airplanes, reveal the dishonesty inherent in the originalism idea. In fact, it appears that, much the way that many Republicans are dropping any pretense of civil decorum or anti-bigotry in order to appeal to radical elements of the base, many conservative judges are leaning into the bare-knuckled, results-oriented jurisprudence to take them in the direction that they want to go: backward.
Originalists argue that it’s not their fault that the drafters may have been slaveholders, or uniformly male, or white, or without any knowledge of contemporary technology or a more inclusive notion of humanity. Them’s the breaks; mere accidents of history. Or they argue that they are only interpreting the law as written. If you want to change the law, they say, that’s the role of the legislature, not the judiciary. But that, too, is a profoundly dishonest response.
With regard to bodily autonomy, women must be entitled to it, irrespective of whether the Constitution explicitly provides for it.
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