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To: pepsionice

It is very likely that we will have a majority of textualist/originalists for the first time in 70 years.

It would be a revolution.


48 posted on 06/23/2017 8:40:12 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

I would not be as optimistic. First, President Trump has to appoint an originalist. Among the judges in Donald Trump’s famous list of potential candidates, some are originalists, others are not. For example, Judge Hardiman, who is said to have been a finalist to replace Justice Scalia, is not.

Currently, there are only two originalists there: Justice Thomas and - hopefully - Justice Gorsuch. Justice Alito is reliable most of the time, but from what I have read he is not an originalist methodologically (Chief Justice Rehnquist was similar). We must not forget that the method is as important as the result if we want to prevent the Supreme Court from becoming a purely political body. Chief Justice Roberts is less reliable than Justice Alito and definitely not an originalist.


103 posted on 06/24/2017 1:00:19 AM PDT by Czech_Occidentalist
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