amy barrett cohen

The Supreme Court and the Ongoing Debate About Originalism

Angelo Franco

It is this same argumentative viewpoint of legality and fairness that originalists use to call into question the Roe v. Wade decision. It’s why there are still lawsuits making their way up to the Supreme Court that seek to overturn Obergefell and Roe v. Wade. And this is a slippery slope because in its quest to “limit” judicial power, originalism places the burden of slow progress in the hands of the people while erroneously assuming that everyone has equal representation in Congress.

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