David French asks, ‘What Happened to the Originalism of the Originalists?’

The New York Times opinion columnist considers the U.S. Supreme Court majority opinions in Trump v. United States and Trump v. Anderson:

In reading both decisions, I’m struck by the way the court’s conservative majority (with the partial and notable exception of Amy Coney Barrett) ultimately made a series of policy choices more than it engaged in the kind of close textual analysis that should be the hallmark of originalism. The court’s policy choices are rooted in real concerns, but they’re not textual, they should not be constitutional, and they contradict the wiser judgment of the founders in key ways.

Worth a read!

David French. “What Happened to the Originalism of the Originalists?” New York Times. July 7, 2024. https://nytimes.com/2024/07/07/opinion/supreme-court-trump-immunity.html.