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Sean Marotta from Hogan Lovells (and #AppellateTwitter fame) joins Elizabeth Slattery to talk about the Supreme Court’s death penalty decision and why the Kansas Attorney General’s office will have a very busy summer. Elizabeth also chats with Brianne Gorod of the Constitutional Accountability Center about progressive originalism. Stay tuned for Supreme Trivia!
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I strongly doubt the sincerity of the “progressive originalists“, or whatever they call themselves.
As progressives, they already know the answer to every Constitutional question. The “originalism” is merely how they lure one or two of the conservative majority on the Supreme Court to vote with the liberals on a particular case.
After all, it’s not as if they would ever permit originalist reasoning to lead them to a non-progressive conclusion.
If Hillary Clinton had won in 2016, and liberals gained a majority on the Court, the school of progressive originalism would dry up and blow away.