I suspect that many “originalist” claims are about this strong historically—you may be able to find surface evidence, but it rarely is as cut and dry as it appears in the historical record.
This is one of the reasons I find Barrett’s claim that judicial philosophies are not political unbelievable. What you are willing to believe about the past *is* political.

The idea that history is just bare fact and judges are peering into it and using a rubber stamp is silly.
Originalism is an exercise in imposing your views on the past. How we view historical times is not apolitical or objective.
This is one of the reasons why the right wants to demonize the teaching of true history and things like “critical race theory.” The more you know, the less you will believe.
There have never been simpler times. Just times that we get better at lying about as those who lived in them pass away.

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More from @courtneymilan

14 Sep
And according to the prosecutor who charged them, it’s okay that he threatened people with the power of the state because a small handful of people who didn’t have to worry about the government taking their freedom away did community service.
Like what does charging OTHER people with rioting have to do with the people whose charges were dismissed? Is justice not dealt on an individual basis in Brauchler’s district?
Read 14 tweets
14 Sep
I made a mental note to myself to check in on the Pamela Dumond v. Emma Chase lawsuit after it had time to litigate. I checked; it was stayed for COVID. I forgot.

I just remembered, so let's talk about the outcome.

I started from "I'm not convinced, would need to do more" in the thread above to "I'm even less convinced, there is either nothing here or the lawyers are very bad" in this thread here.

At the time I posted about this, @CourtneyOR volunteered as tribute and looked at the textual similarities that were alleged to be a result of text spinning.

Her conclusion: There was not much there.

Read 29 tweets
14 Sep
One of the ways to tell who is and isn’t a friend is that friends will urge you to pick your battles on your own turf when you’re able.
Non-friends just want bodies on their side.
If you don’t pick any battles, ever, that’s definitely a you problem, and you are certainly telling on yourself.

But people who claim you have to pick *every* battle don’t love you.
Read 9 tweets
12 Sep
Holy shit Sasha. HOLY SHIT.
Five quads landed ? Holy fucking shit. If she can skate that exact program at Beijing she will be hard to beat. If she can add just a little bit more in terms of transitions? She’ll be unbeatable.
Music and costume both really suit her style. I get that her skating skills aren’t on par with others, but there’s something about her that is just electric.
Read 4 tweets
8 Sep
We live about five minutes from a theater that lets you pick seats online so you can see how many people are there in advance.
Which means we are currently in the theater to see Shang Chi with one other person half a theater away. Yay 12 o’clock weekdays.
Read 4 tweets
7 Sep
This thread is part of a personal project of mine that started from the moment at the end of my clerkship that he would never tell anyone about how bad I’d been in the clerkship if I never told anyone anything else.
That was about judicial confidentiality, but I think that there is something similar in the top echelon of legal ethics: where we all pretend that we truly belong.
That’s why Katyal writes glowing endorsements of Gorsuch and Chua states decisively that Kavanaugh is the greatest with women, truly the greatest.
Read 19 tweets

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