Leah Litman

So the first chapter in the book is partially about the rise of originalism. And I'm definitely sympathetic to the idea that for some people, originalism was this kind of pure, on its own, inherently correct method of interpreting the Constitution.

So the first chapter in the book is partially about the rise of originalism. And I'm definitely sympathetic to the idea that for some people, originalism was this kind of pure, on its own, inherently correct method of interpreting the Constitution.

But originalism to other people was also this intuitive way of explaining why certain decisions of the Warren court, as well as Roe versus Wade, was wrong. Right. Like they knew they had an intuition that, of course, these things cannot be correct. And originalism was an easy way of explaining why that was so. And then for other people, originalism was a way of advancing an ideological agenda.

But originalism to other people was also this intuitive way of explaining why certain decisions of the Warren court, as well as Roe versus Wade, was wrong. Right. Like they knew they had an intuition that, of course, these things cannot be correct. And originalism was an easy way of explaining why that was so. And then for other people, originalism was a way of advancing an ideological agenda.

But originalism to other people was also this intuitive way of explaining why certain decisions of the Warren court, as well as Roe versus Wade, was wrong. Right. Like they knew they had an intuition that, of course, these things cannot be correct. And originalism was an easy way of explaining why that was so. And then for other people, originalism was a way of advancing an ideological agenda.

You know, Ronald Reagan's attorney general, Ed Meese, you know, just stood up in front of the ABA and was like, yeah, originalism, that's a way to roll back civil libertarianism. That's a way to advance, you know, our traditional social issues platform. You know, that's also what Stephen Markman, who was one of the assistant attorney generals, wrote about originalism again in the 80s.

You know, Ronald Reagan's attorney general, Ed Meese, you know, just stood up in front of the ABA and was like, yeah, originalism, that's a way to roll back civil libertarianism. That's a way to advance, you know, our traditional social issues platform. You know, that's also what Stephen Markman, who was one of the assistant attorney generals, wrote about originalism again in the 80s.

You know, Ronald Reagan's attorney general, Ed Meese, you know, just stood up in front of the ABA and was like, yeah, originalism, that's a way to roll back civil libertarianism. That's a way to advance, you know, our traditional social issues platform. You know, that's also what Stephen Markman, who was one of the assistant attorney generals, wrote about originalism again in the 80s.

So I think originalism has always been different things to different people. And like any method of interpretation, it has its virtues and it has its vices. It was sold as it's principled, it's neutral, right? It's easier to apply than other methods. I think those things are debatable, but that's not to say people didn't believe them. And that's not to say people weren't pushing originalism for...

So I think originalism has always been different things to different people. And like any method of interpretation, it has its virtues and it has its vices. It was sold as it's principled, it's neutral, right? It's easier to apply than other methods. I think those things are debatable, but that's not to say people didn't believe them. And that's not to say people weren't pushing originalism for...

So I think originalism has always been different things to different people. And like any method of interpretation, it has its virtues and it has its vices. It was sold as it's principled, it's neutral, right? It's easier to apply than other methods. I think those things are debatable, but that's not to say people didn't believe them. And that's not to say people weren't pushing originalism for...

never those reasons. So I agree with you that originalism, textualism, any method of interpretation is always going to appeal to some people just on its own terms. But yeah, then along comes Sam Alito, and you put any method of interpretation in his hands, and he's going to do whatever the fuck he wants with it.

never those reasons. So I agree with you that originalism, textualism, any method of interpretation is always going to appeal to some people just on its own terms. But yeah, then along comes Sam Alito, and you put any method of interpretation in his hands, and he's going to do whatever the fuck he wants with it.

never those reasons. So I agree with you that originalism, textualism, any method of interpretation is always going to appeal to some people just on its own terms. But yeah, then along comes Sam Alito, and you put any method of interpretation in his hands, and he's going to do whatever the fuck he wants with it.

And the Republican judicial selection machine found enough people like that and perfected the process such that they could give them this tool That sounded really nice in judicial confirmation hearings and sounded objective and could be explained in, again, like abstract technical ways, but everybody knew what they were going to do with it.

And the Republican judicial selection machine found enough people like that and perfected the process such that they could give them this tool That sounded really nice in judicial confirmation hearings and sounded objective and could be explained in, again, like abstract technical ways, but everybody knew what they were going to do with it.

And the Republican judicial selection machine found enough people like that and perfected the process such that they could give them this tool That sounded really nice in judicial confirmation hearings and sounded objective and could be explained in, again, like abstract technical ways, but everybody knew what they were going to do with it.

Yeah, no, I mean, I definitely think there is some aspect of that. And I think when you say it is about culture, you know, I view the Republican appointees on the Supreme Court as being acculturated in this like conservative grievance industrial complex that has taken over the Republican Party. You know, that is the energy that defines them.

Yeah, no, I mean, I definitely think there is some aspect of that. And I think when you say it is about culture, you know, I view the Republican appointees on the Supreme Court as being acculturated in this like conservative grievance industrial complex that has taken over the Republican Party. You know, that is the energy that defines them.

Yeah, no, I mean, I definitely think there is some aspect of that. And I think when you say it is about culture, you know, I view the Republican appointees on the Supreme Court as being acculturated in this like conservative grievance industrial complex that has taken over the Republican Party. You know, that is the energy that defines them.