Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?
Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?