What he said
The fundamental rights of Americans do not rise or fall depending on a head count of state practice in 1868.... “[H]istory and tradition” is the new calling card of a Supreme Court that is willing to upend our constitutional order in the name of traditionalism. Do not label the Roberts Court “originalist,” if that term is to have the methodological meaning its supporters have been advertising for years. It is not. It is a deeply unprincipled conservative Court majority that manipulates both the Constitution and history to reach conservative results, reversing rights it despises and supercharging those it reveres.
Read the whole thing, here.
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