Republicans on the Supreme Court are 'originalist' until they don't want to be

[In It to Win It]

The Charlotte Observer

The Republican majority of the U.S. Supreme Court tells us they are “originalists” — interpreting the U.S. Constitution based on what it meant as originally written.

Justice Clarence Thomas’ new, dramatically expansive gun rights opinion, he explains, is “rooted in the text of the Constitution, as informed by history.” It allows regulation only “when justified by our historical traditions.”

Justice Samuel Alito’s dystopian abortion ruling — seeking to force the nation’s return to the 1950s — limits constitutional “liberty” through “historical inquiries” into our “deeply rooted traditions.” He would thus protect guns but not women’s reproductive rights, as if we were a barbarous people.

But, it’s important to note, originalism constrains Republican justices, except when it doesn’t.

[TheRealNorth]

1. It's all just horse shit

They (The SCOTUS Republicans) are like corporate lawyers trying to find some loop hole in the law and drive a Mack truck through it.

[SoCalDavidS]

2. That's What HYPOCRITES Do nt

[SickOfTheOnePct]

3. Enumerated v. Non-Enumerated n/t

[onecaliberal]

4. They pull it out of their collective ass as they go.

[brush]

5. If Uncle Clarence and Hand maid Coney Barrett were...

originalists they would've refused their nominations as neither would've been ever considered for SCOTUS when the Constitution was originally written. In fact, Coney Barrett would've been her husband's property and Uncle Clarence would've been Scalia's.

[yonder]

6. +1000.

[Caliman73]

7. The founders never meant for the Constitution to be static.

If they had meant for it to remain a static document, they would have stated the importance of the document being unalterable AND they would not have created any mechanism for amendments to be made.

Precedent is an important legal doctrine, but not sacrosanct. Originalism is bullshit. Traditions and customs change. For hundreds of years, Black people were not seen as citizens and barely human, and as such, they were property and had "no rights which the White Man was bound to respect". Women could not vote until the 1920's and in many places, until the 1950's and 60's, could not own bank accounts or credit outside what belonged to their husband. We as a society found those "customs and traditions" to be abhorrent so we abolished them.

The Preamble of the Constitution tells us exactly what the document, the country and its government were established to do.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

So, how to the opinions and rulings of the 6 Conservative Justices do ANY of those things for which the Constitution, nation, and government were established?

They have completely divided the country. They have eliminated liberty and justice for over 50% of the population. They have not promoted the general welfare, or insured any kind of domestic Tranquility.