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."