I'll highlight a few pieces: First, here's Dahlia on how originalist judges make up garbage history as they go along, endlessly "refining" the relevant test to ensure that it delivers conservative results. Time to stop pretending it's legitimate. slate.com/news-and-pol...
People making bad faith arguments aren't interested in counterarguments based on their framing. They win when the bad faith argument is legitimized.
As the national media are doing with the "Trump claims immunity" argument.
Here's me on progressives' decades-long effort to beat originalists at their own game by working with real historians to persuade conservative judges that the Constitution's original meaning sometimes compels "liberal" decisions—and why it's failing: slate.com/news-and-pol...