Conservative judges claim to be textualist and originalist. What is textualism? What is originalism?
Textualism and Originalism.
We harp on the fact that Judge Gorsuch didn’t make Law Review, again.
- Dahlia Lithwick at Slate
- Jamelle Bouie on lay judges
- Judicial Positivism
- Neil Gorsuch and the Frozen Trucker. Also, see Franken grills Gorsuch on trucking case (video).
- Scalia repudiated describing himself as a “fainthearted originalist” and thought flogging is constitutional.
- Breyer and Souter
Ezra Klien on Politics in 2014:
The data also explains why Democratic and Republicans have so much trouble understanding each other. Democrats tend to project their preference for policymaking onto the Republican Party — and then respond with anger and confusion when Republicans don’t seem interested in making a deal. Republicans tend to assume the Democratic Party is more ideological than it is, and so see various policy initiatives as part of an ideological effort to remake America along more socialistic lines.
Harold Pollack in Politico:
They didn’t do any of this, perhaps because they believed they would never have to. Secure in the knowledge that they would face President Obama’s veto, Republicans rammed through a succession of extreme repeal-and-replace bills that resembled AHCA’s original draft. These bills excited the Republican base, but would have horrified most other Americans if they ever found sufficient reason to look. Then Congressional Republicans suffered what George W. Bush might call a “catastrophic success” with Donald Trump’s unexpected victory. They had nothing real to deliver.
- AHCA polling terribly.
- Budget Reconciliation and the Heritage article on it.
- Gene B. Sperling, The AHCA’s Tradeoff: Giving Up Vital Care to Get Tax Cuts for the Rich
AJ hates Paul Ryan
- LA Times: Paul Ryan loved Ayn Rand, before he said he didn’t
- Trump’s plan may be to let ideologically aligned figures blame Ryan but appear to stay above the fray. Trump Tweet Hyping “Judge Jeanine” Show Wasn’t Criticism of Paul Ryan, Aides Say
- New York Magazine: Why Steve Bannon Hates Paul Ryan