Friday, July 20, 2018
Judge Kavanaugh And Originalism
"There are clear parallels between
originalism and conservative Christianity, including purity, textualism,
and sanctimony. Perhaps not coincidentally, many originalist judges are
highly and conservatively religious. Scalia believed in a literal devil, Thomas is a devout and conservative Catholic, as are Roberts and Alito. Gorsuch is probably
a conservative Episcopalian, a close relation to the Catholic Church.
The selective reverence for text above common sense, and in some cases
common decency, is perhaps the strongest parallel. But so is the element
of heresy. Originalist judges tend to treat other judges like
jurisprudential heretics."
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