Discover and read the best of Twitter Threads about #originalism

Most recents (9)

Happy #IndigenousPeoplesDay! "Conservative" advocates before the Supreme Court are challenging federal Indian law as unconstitutional. Friendly reminder that #originalism means #landback. It means Native people get Louisiana and everything west. 1/

justsecurity.org/83460/on-indig…
The framing generation never envisioned treaty or territory powers able to incorporate huge new swathes of land and peoples. Only those peoples in the map consented to and ratified the constitution. Want to stretch the US from sea to shining sea? Amend the Constitution. 2/
No amendment? Then #originalism means that we cannot constitutionally hold those lands or peoples as part of the United States. Not just that, but Hawai'i, Alaska, Puerto Rico, American Samoa, &c. All gone. This isn't realistic, you say. 3/
Read 7 tweets
🧵NEW: SCOTUS issued its ruling in NY State Rifle & Pistol Assn v. Buren.

The court held NY’s concealed carry licensing system that required law abiding residents to show “proper cause” was unconstitutional because it violated the 2A right to bear arms for self-defense. #ampFW
#ampFW: While “proper cause” might sound innocent, it isn't. It's an entirely subjective test that puts unlimited power in the hands of Gov officials to restrict your 2A right.

As a result, it was impossible for Brandon Koch & Robert Nash to carry a firearm outside their home.
Read 16 tweets
1/ In an exchange with some religious authorities of his day (Pharisees), Jesus was accused of breaking Jewish law about the Sabbath when he and his disciples were picking grain.
2/ His response included the assertion that "the Sabbath was made for man, not man for the Sabbath" (Mk 2:27). In other words, God does not come up with laws and then create humans to keep them. God creates humans, then guards their well-being with things like Sabbath observance.
3/ This is one context in which I think about the problems of the #Originalism of people like #AmyConeyBarrett. It is something of a Pharisaic approach to the #Constitution, as if people exist to serve the interests of the Constitution rather than the other way around.
Read 13 tweets
As a doctor, it's beyond bizarre to see a potential #SCOTUS justice say she'll make decisions about healthcare (eg, denying it to millions) based on #Originalism-what she thinks people in the 1700s would have intended. How different was medicine back then? Read on... (1/11)
In the 18th century, barber-surgeons were still doing blood letting, a common (deadly) practice that gave rise to the barber pole with red & white stripes representing bandages & blood. It'd be 11 yrs before surgeons would separate from barbers & perform medical procedures (2/11)
The 1st vaccine wasn't developed until 1799 (smallpox). Does Judge Barrett support #Medicaid covering the routine immunization of kids against deadly diseases? Would she oppose @realDonaldTrump providing a coronavirus vaccine to us, even tho the founders would be confused? (3/11)
Read 11 tweets
1/17 A thread: Why LGBT employees win in the Title VII cases if a textualist methodology is applied (and even most originalist ones too). #textualism #originalism #LGBT #TitleVII
2/17 Many people seem to assume that the application of textualism and originalism necessarily leads to politically conservative results, and thus would lead to a loss in the LGBT Title VII cases. This is not true.
3/17 Indeed, in the case of the Title VII LGBT rights cases, following a principled textualist methodology would necessarily result in a pro-LGBT result.
Read 18 tweets
(1) Live tweeting the swearing in of Justice Kavanaugh, October 6, 2018.

The White House and then the Supreme Court will host the two ceremonies necessary for the Justice to take his seat on Monday.

#ThankYouSenators #GodBlessAmerica #Originalism 🇺🇸👨‍⚖️
(2) Brett M. Kavanaugh will soon be the 102nd Associate Justice of the Supreme Court of the USA. He has earned this highest honor throughout his life, inspired by his trailblazing mother, Judge Martha Kavanaugh.

His title for these few hours is Associate Justice Designate.
(3) This statement from the Supreme Court explains the two ceremonies:
Read 19 tweets
(1) I #resisted following the March for Our post-birth Lives but some of the photos are too good not to share. In this one, a proud American NRA member who happens to be black peacefully protests the idiocy. Arguably, he has more at stake than most of the kids marching.
(2) If given the chance, I can make a very strong case for African Americans and "people of color" benefiting from this administration more than other groups. But the Left isn't interested in hearing it and resorts immediately to the expired race card.
(3) As @Dloesch is constantly telling us, black males are one of the groups, if not the group, most affected by gun homicides, especially in certain large cities, that have coincidentally been held by Democrats for many decades, and are supposed gun free zones (aka killing zones)
Read 26 tweets
(1) New year, new #PhotoThread.

Enjoy seeing Team Trump in action and please RT to share the love.🍸📸🦁🇺🇸
The previous thread ran from Dec 18 to 29:


Info & links to 16 other photos threads since June 2017:
godlessnz.wordpress.com/2017/10/27/lin…
(2) POTUS stopped to troll the media after playing golf with members of the USCG at Trump International Golf Course, West Palm Beach, FL.
(3) USCG members in West Palm Beach with their Commander in Chief.
Read 43 tweets

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