‘It Is Deeply Destabilizing’: Lithwick on Using Originalism to ‘Twist the Constitution’
‘That’s not how we do constitutional law’
May 19, 2024 1:30 PM
By Grabien Staff
Current TimeВ 0:00
/
DurationВ -:-
Loaded: 0%
0:00
Stream TypeВ LIVE
Remaining TimeВ --:-
В
1x
2x
1.75x
1.5x
1.25x
1x, selected
0.75x
0.5x
Chapters
descriptions off, selected
captions settings, opens captions settings dialog
captions off, selected
This is a modal window.
The media could not be loaded, either because the server or network failed or because the format is not supported.
Beginning of dialog window. Escape will cancel and close the window.
End of dialog window.
EXCERPT:
LITHWICK: "This week alone when the Supreme Court thankfully upheld the CFPB in the way it was funded we had an originalist decision by Justice Thomas saying the CFPB is funded constitutionally, we had an originalist by Elena Kagan saying this is what recent history would demand and we had an originalist to send by justices Alito's engorge. It depends on when you spin the history wheel and where you get back to. In addition to rejecting everything that has happened since the framing, it also means you just pick your own historical moment and that is the outcome that you get. That’s not how we do constitutional law. It is deeply destabilizing."