Antonin Scalia

Judge Kavanaugh and the sin of orginalism

Judge Kavanaugh and the sin of orginalism

The supporters of Brett Kavanaugh’s nomination to the Supreme Court will say a lot about his adherence to “originalism” and how a Supreme Court of originalists will apply and not make the law (“Save the Senate: Vote against Brett Kavanaugh,” Sept. 6). The originalists at the Federalist Society and the Heritage Foundation will be so strident in support, so dismissive of opponents, that one might overlook a crucial point: Originalism is bunk.

First, it is preposterous to assume that all the framers of the Constitution agreed on its meaning. As columnist Michael...

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