The Volokh Conspiracy

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Crime

Should liberals prefer conservative justices who are originalists or who are 'living constitutionalists'?

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Glenn Reynolds (Instapundit) writes at USA Today, citing Randy Barnett's post on Neil Gorsuch and originalism:

According to that early living constitutionalist, Justice Oliver Wendell Holmes, the life of the law has not been logic, but experience. So what would a "living Constitution" approach from the right, based less on logic than experience, look like?

Read more here.