This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything. As another example, hardcore originalist Justice Clarence Thomas says that the Constitution’s “equal protection” does not apply to gay marriage. For instance, former Justice Antonin Scalia famously said that the 14th Amendment’s original meaning doesn’t apply to “discrimination on the basis …
Amy Coney Barrett, at her Senate Judiciary Committee confirmation hearing Tuesday, has said that she shares the originalism philosophy of her mentor, the late Justice Antonin Scalia. Originalism, the judicial philosophy of Supreme Court nominee Amy Coney Barrett, and her mentor, the late Justice Antonin Scalia, is once again the subject of intense interest and public debate. Had the court …
