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Sounds like we agree quite a bit. Even so, I’m often deeply disappointed in outcomes of constitutional cases (and government behavior in general) because it see
by TimTheTinker 8y ago
Sounds like we agree quite a bit. Even so, I’m often deeply disappointed in outcomes of constitutional cases (and government behavior in general) because it seems like they’re often “thinking too hard” or failing to courageously apply a simple, straightforward, and apparent reading.
I’m a fan of Gorsuch because he doesn’t seem to do that... Originalism as I see it is the opposite of open text jurisprudence, where the text is viewed through modern values and assumptions and made to bend to them.
- matthewdgreen 8y agoSo what do you think would be the originalist position on cellphone* tracking without a warrant, and how does this square with the dissents in this case? * Feel free to replace cellphone with "magical device almost everyone carries that constantly reports their precise location to a register that stores it for up to five years". :)