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Clarence Thomas has only ruled in an originalist manner on the constitutional cases he has heard. Likewise, Alito and Gorsuch. The only deviation from this tha

Clarence 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 ago
Do 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.