3 ms·
I’m not disagreeing with the majority decision, just the argument for originalism.
by dbasedweeb 8y ago
I’m not disagreeing with the majority decision, just the argument for originalism.
- DannyBee 8y agoThe argument against anything else is that they all turn the court into a policy making body in various forms, instead of trying to stay as objective about interpretation as they can. Whether that's good or bad depends on your view.
- dbasedweeb 8y agoObjective and originalist are different things, and the constitution has never been immutable, hence the large number of amendments.
- neekburm 8y agoI think this was a tactic by the defenders of IPR, rather than some deeply-held belief. We have at least four self-styled originalists (but see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1422048 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1422048) on the Court, and they want to hear arguments about what 18th Century politicians thought about patent rights.