January 24, 2014

WILL BAUDE: Originalism Is A Big Tent. “I think non-originalists sometimes expect originalism to have some sort of catechism that lays out ‘the originalist position’ on a bunch of these issues. But originalism is an interpretive method, not a party platform, and on many of these issues there is no such consensus.”

That is precisely the point I made in my Sex, Lies & Jurisprudence: Robert Bork, Griswold, and the Philosophy of Original Understanding, 31 Ga. L. Rev. 1045 (1990).