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.
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.