The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Should liberals prefer conservative justices who are originalists or who are 'living constitutionalists'?
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.
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