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this post was submitted on 21 Nov 2024
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Pretty sure she's just saying an originalist would have to oppose the existence of West Virginia to be ideologically consistent. Expecting any American politician to have an ideology is lib shit though
How long until she declares the Louisiana Purchase unconstitutional at this rate?
Yeah Antonin Scalia was a textualist until he wasn't, until he was again, until he wasn't.
Every "originalist"/"textualist" is this way. It's an inherently dishonest position based entirely on finding any excuse to push reaction through the judiciary.
claims to be an originalist
does judicial review
Listen everything Scalia wrote was ideologically consistent because it used the same verbiage as Bush V Gore, "limited to present circumstances".
ah, a personal favorite,
this ruling sets no precedent because I decided it doesn't
The kind of thing produced by a very real and legitimate court system and definitely not just 9 unaccountable, unelected elders making decisions on a whim.
But remember, we can't stack the court with 50 zoomer maoists because people would "lose faith" in the "institutions".
I don't really see why. Multiple states had previously been split from existing states without controversy (including Kentucky also split from Virginia). All that's required is the approval of the state legislature and Congress. The Virginia state legislature as recognized by Congress and the President voted to allow the counties of West Virginia to leave and form their own state. Congress and the President approved.