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@jonathanurick We’ve turned over all hard political decision-making to the judiciary. Until the stakes go down, philosophy won’t matter for either side. What worries me most is that the judicial right flank-Thomas, Rao,Barrett,etc-are set to kill stare decisis in favor of personal conviction.Permalink On twitter.com
Mood -4 🙁
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@jonathanurick So the battle isn’t really originalism versus “active liberty,” but outcomes that fit reasonably into the nation’s needs and don’t toss x years of jurisprudence versus odd heterodox views that are vouchsafed to a judge on Monday and promised to the judiciary chairman on Tuesday.On twitter.com