The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Volokh Conspiracy

A question for our nonoriginalist readers…

Do you really want President Trump to pick a nonoriginalist Justice?


Here's a question for our nonoriginalist readers–and it's not intended to be a trick question. If President Trump won't choose the type of justice you wish he would–defined however you like–would you prefer he replaced Justice Kennedy with:

  • (a) A self-described living constitutionalist/multiple modalities/common-law-constitutionalist/moral-readings–pick your fave–justice who shares President Trump's political and moral views or
  • (b) A self-described originalist?

Or, to put the question another way: Which type of Justice would you most fear? And, if it is (a), then doesn't that tell you something about the possible merits of (b)?