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Elden, Gary (SHB)'s avatar

Another cogent clear interesting analysis of a complex issue I would otherwise not have understood but now am glad I do. Thanks

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Jacob Linker's avatar

Justice Thomas's tendency to question things is delightfully refreshing. But when he does this, he often seems to not pay close enough attention to what got us to the immediate point. Gorsuch in many respects is much better at this, insofar as he will look case by case for how something evolved over time.

Originalism in many cases does not produce a single right answer, but rather limits the range of possible correct answers. This is is still a plenty justifiable basis for originalism.

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