i think in some ways the purported goal of what originalism and textualism are *trying* to do makes sense. but the fundamental problem with both as actually practiced is that they ask judges to be amateur historians and linguists without any training in either discipline.

Oct 14, 2020 · 1:02 AM UTC

On that note here's a great essay about how judicial originalists have given up on even pretending to do history and are instead just using period dictionaries as the ultimate and objective arbiters of historical meaning processhistory.org/originali…