It should surprise no one that Scalia is not exactly consistent

I’ve contended for years that the justice’s much-discussed “originalism” was little more than a thin veneer over a legal mind more than happy to rule based on outcome rather than principle; he’s done it over and over.

So this development won’t surprise you at all. More here.

Serious question, though: Does anybody know an Originalist who isn’t pro-life? There’s nothing about the positions that should join them at the hip, and yet pretty much everyone I’ve ever encountered who claimed the former was also actively using it the further the latter. It’s almost as if they picked a doctrine to support their point of view! Which is convenient, since, like Scalia, it’s likely they don’t really mean Originalism anyway.

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