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> That's where I'm calling BS. One, I've not seen anything that indicates that they have telegraphed any such thing Maybe telegraphed is a strong word. That be
by FireBeyond 4y ago
> That's where I'm calling BS. One, I've not seen anything that indicates that they have telegraphed any such thing
Maybe telegraphed is a strong word. That being said, the "independent state legislature" theory is one strongly evangelized by the Federalist Society. Six of the nine Justices are or were members, and several have only ever voted consistently with the Federalist Society's stated positions. I think there's a real risk there.
- AnimalMuppet 4y ago> several have only ever voted consistently with the Federalist Society's stated positions. Yeah, I'm calling BS on that claim, too.
- FireBeyond 4y agoClarence Thomas has only ruled in an originalist manner on the constitutional cases he has heard. Likewise, Alito and Gorsuch. The only deviation from this that I could locate was in Citizens United. Alito talked of "practical originalism" as opposed to textbook. But if you can name cases where at least those three have significantly deviated from the Federalist Society, please do.
- AnimalMuppet 4y agoDo you define the Federalist Society position as only originalism? Is the "independent state legislature" position purely justified on the grounds of originalism, or is there more to it than that? I mean, you could justify no vote for women on "originalism", too. So I think that saying "Thomas only rules in an originalist manner" is too simplistic. Yes, he clearly bases his reasoning on originalism. But you can use originalism to justify many things, not all of which Thomas supports. Post 17th Amendment, I'm not sure you can build a valid originalist argument for independent state legislature appointment of electors.