#SCOTUS atrocities:
"Originalism” doesn't work in practice. Forcing courts to transport us back to the 18C (before domestic abuse laws, voting rights for women, the industrial age, etc.) creates uncertainty, chaos & horrific results. If we insist on locking in gun rights in 1791 & due process in 1868, we will have an America that virtually no one wants to live in, a legal system that's unworkable & a society in which disfavored groups lose progress made over centuries."
https://www.washingtonpost.com/opinions/2024/06/26/mailbag-newsletter-supreme-court/
@KimPerales That's not how originalism works, though. It doesn't force courts to transport us back to the 18th century, it just forces courts to transport us back to when laws were written, even if it was a law that was written just last year.
We are perfectly able to write new law and originalism will demand that we respect whatever modern law we come up with, so long as it was properly passed through the democratic process.
The rulings that came out today were a great example of that as the court recognized the authority of law made in the last couple of decades.
