• ShittyBeatlesFCPres@lemmy.world
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      2 years ago

      I’m pretty sure they’ll just do whatever they want and make up a justification afterwards. Originalism is just Calvinball minus the intellectual honesty.

    • 【J】【u】【s】【t】【Z】@lemmy.worldBanned from community
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      2 years ago

      You expect they intend to apply their interpretations consistently. They do not.

      Justice Scalia, the OG textualist, based on nothing in any statute or the Constitution, extended governmental sovereign immunity in tort to defense contractors.

      When they claim to be adherents of any consistent interpretation of the Constitution, they are lying, and they know they are lying. The only consistency in conservative “jurisprudence” is handouts to corporations and police, churches and baseball.

    • Boddhisatva@lemmy.world
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      2 years ago

      Nah, this judge based the ruling on the principle that the banned weapons were unsuitable for self defense use. SCOTUS will just say that the 2nd Amendment says nothing about self-defense and that it clearly intended that every American should be entitled to own weapons of war so that they can be part of that well-regulated militia that they imagine exists. To celebrate, they will then overturn all laws banning the ownership of full machine guns, artillery, and missiles.

      P.S. I’m really just being absurd here but I cannot honestly say I would be surprised if it turned out I was right.

    • cabron_offsets@lemmy.world
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      2 years ago

      There is no reason to assume they’re operating in good faith. Duplicity is a core feature of the modern day “conservative” party, whatever the fuck that means.

    • Mossheart@lemmy.ca
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      2 years ago

      They’ll do whatever they’ve been bribed lobbied to do.

      Consistency and respect of precedents is not required for the position.

    • thecrotch@sh.itjust.works
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      2 years ago

      Do you really want courts reinterpreting established law on a whim for the sake of “modernism”? That sounds fashy to me, really stupid easy to abuse. If you don’t like the Constitution, change it. It has instructions on how to do that.

        • thecrotch@sh.itjust.works
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          2 years ago

          The Constitution was supposed to be a living document, to evolve over time. There’s no justification for trying to not only roll back modern gains, but then freeze the law at the founding forever into the future.

          That’s why there’s a process for changing it built right in. That process does not include the judiciary taking on the role of the legislative branch.

          how is interpretation of the law fascist?

          You’re not suggesting interpretation of the law. You’re suggesting reinterpretation of the law. Changing it without changing it, implying that the actual words mean nothing, or whatever a judge decides they mean this week.

          Fascists are largely unconcerned with the law, and if they are, it’s in the service of power, not modernism

          Fascists love the law, it’s one of their most powerful weapons. Luckily for them, they’re never targeted by it, they simply interpret it in a way that it can be used against their enemies.