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A Progressive Defense of Originalism

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In nominating Judge Neil M. Gorsuch to the Supreme Court, President Trump fulfilled a campaign pledge to nominate a person who followed in the tradition of “Originalism” espoused by Justice Antonin J. Scalia. In making this pledge, Mr. Trump affirmed the conventional association between an Originalist approach to legal interpretation and a well defined set of conservative political and social views. To be an Originalist, Trump implied and his supporters assumed, was to be anti-regulation, anti-abortion, anti-welfare, anti-immigrant, anti-minority rights; it was also to be Continue reading →

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