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
https://twitter.com/sarahcpr/status/1316121107058044930
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
It is also ALWAYS political...not in the sense of parties, in the sense of trying to advance power...politics is trying to advance power interests. By saying "my position is the objective position" you are saying that other positions are not fair..that is advancing power/politics
To say you are OBJECTIVE is a political act, it is an attempt to establish to privilege a position and a position is, by its nature, is NOT objective...it is from a point of view and that point of view is always self-interested.
Objectivity is the myth, it is power politics
Objectivity is the myth, it is power politics
Concocting a whole convoluted doctrine which allows clearly politically interested and invested actors to claim that there decisions are somehow wholly objective is the problem here, that the doctrine exists should not be surprising...power wants to maintain and justify power
And the idea that judges are not political is laughable....the idea that judges don't make law? Laughable.
It is an enabling fiction and obvious nonsense
It is an enabling fiction and obvious nonsense
The story they are telling is literally a modern version of "The Emperor has no clothes" only a whole swath of our population is trying to sell you on nakedness as being fully clothed.
It is politically invested nonsense (and always has been)
It is politically invested nonsense (and always has been)
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