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Re:U.S. Supreme Court Puts Limits on Police Power to Seize P... by jfengel on Thursday February 21, 2019 @03:10PM (#19220129)
I'm not convinced that "originalism and textualism" is the same thing as "little innovation". The claims of originalists to divine the meaning of the text, and how that meaning applies to new objects and social structures that did not exist at the time, often strike me as remarkably innovative -- in a sense they would find pejorative.

The "conservative" judges votes align extremely well with each other and with the wishes of the political party that nominated them -- which is itself frequently not "conservative" in the sense of "conserving" something. In both cases, the claim to "conservatism" strikes me as having a lot more to do with group identity than any consistent ideology or approach.

Re:U.S. Supreme Court Puts Limits on Police Power to Seize P... by int_19h on Thursday February 21, 2019 @07:14PM (#19221917)
That's because we actually do have a partisan SCOTUS, with all that entails. Words like "originalism" and "textualism" - or "living constitution" for that matter - are mostly thrown around to justify certain partisan positions, and ignored with others. I wouldn't consider Scalia to have been an originalist, for example.