What Plagues Gorsuch’s Critics is Ignorance, Not Originalism
By Deion Kathawa| April 1st, 2017
Ken Levy, an associate professor of law at Louisiana State University, recently took to the pages of the New York Times to lend his voice to the fevered, en vogue, and media-driven fusillades against Supreme Court nominee Judge Neil Gorsuch and his judicial philosophy: originalism. He also echoed Senator Diane Feinstein who, last week, smeared Gorsuch’s originalism as a “really troubling” judicial philosophy.
The first mistake Levy makes is in not understanding the originalism he sets out to criticize, and he proves this ignorance when he says that originalism is about “genuinely following the Founders’ intent.” This is not what serious originalists understand originalism to be—just ask Georgetown law professor Randy Barnett. What it’s really about is determining the original public meaning of constitutional language and provisions, i.e., what the words meant when they were written.
https://amgreatness.com/2017/04/01/plagues-gorsuchs-critics-ignorance-not-originalism/
