Continuously restating that courts are not political does not magically make them non-political
Laws, and the context of laws, do not speak in "clear language," we hear them through OUR OWN EARS - the voice we hear is filtered through our own judgment (informed by our politics)
In other words, what @BenSasse is saying is absurd to me
The best way to explain this....remember when you were a kid and played the "telephone game?"
If we all read the same text, we will all see what that text means as DIFFERENT....the reasons for those little differences are based in the differences b/w us & who we are
The idea that there is ONE specific meaning that can be discerned and is objectively arrived at IS A POLITICAL ACT...it is saying might = right (my view of law is the objectively correct view)...it is egotism more than reality
It is like the real life Rashoman problem, every narrator thinks their perspective is the "objectively" correct one and that all other interpretations are "activist"
Originalism IS POLITICS
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Picking and choosing who gets to vote is anti-Democratic
Even the statement, "I don't think our Democracy is made better by letting _____ vote" is internally contradictory and self-defeating.
Democracy is not, and should not be, about elites choosing preferred voters Ted Cruz.
Side note: Oddly enough, in the state Mr. Cruz represents, people who did time for murder can vote...and yet, Mr. Cruz was elected. Is Texas' not an acceptable Democratic state?
Political grandstanding by putting real people's vote on the line is UGLY
He was also FLAT wrong...there is actual research that shows that VOTING by incarcerated and formerly incarcerated people actually does make our communities safer and our democracy stronger
Exactly...originalism is just political cover giving personal and religious views the appearance of objectivity...it is an attempt to suggest that the judge is like the narrator in a movie...but narrators are always unreliable
Everyone wants to believe that they make decisions objectively. Everyone wants to believe they arrive at conclusions fairly...but we all interpret what we read and arrive at what we write using OUR eyes and everything that makes us who we are...we are, by nature self-interested
If you and I read the same text, we will interpret at least parts of it differently...most likely, that is because how we read things is determined by everything that came together over a lifetime to make us who we are....Reading is ALWAYS a co-productive process
Side note, if "sex offenders" are "hiding in the shadows" that is because of registries, not b/c of legislators trying to protect people on the registry.
Here is the evidence
Oddly enough, increasing housing and employment insecurity while making people public pariahs INCREASES recidivism
Sadly, most of the people responding will just say "it's an unfair smear" which is sad, because all legislators should oppose registries on public safety grounds
What if traditional arrest, imprisonment, punishment, and shaming actually does NOTHING to reduce crime?
What if crime is actually also about environment, and as a result of brutal conditions you make the huge percentage of people incarcerated WORSE instead of better?
What if making it impossible for people returning from prison to get jobs or housing and loading them down with massive criminal justice debt makes them MORE not LESS likely to recidivate or commit new crimes?
What if manufacturing massive housing and job insecurity, stress, and debt after disconnecting people from family and friends is counterproductive?
What if addressing long ignored trauma, providing meaningful services, and giving people HOPE for a real future works better?