Jim 🕊️🐘 from Minnesota

All opinions are my own, and not those of my employer.

[Jim 🕊️🐘 from Minnesota @jimM047]

@NOTGH_Holly This is mostly solved by listening to the audiobook. (There are still a few less/fewer-style grammatical errors that annoy.)

Apparently the publisher did copy edits when it bought the series, but different formats are licensed separately, so you may not have the copy-editing.

[Jim 🕊️🐘 from Minnesota @jimM047]

@RandyEBarnett As an account of what the law *is*, originalism can withstand difficulty and debate about history.

As an account of what judges *should do* or *can do*, originalism is particularly vulnerable to the appearance of bad faith in the face of such difficulty.

[Jim 🕊️🐘 from Minnesota @jimM047]

@RandyEBarnett There’s a viral video about the 90s comic stunt that says “‘The Death of Superman’ didn’t kill Superman, it killed death.”

Since Barbara, this has been in my head: “[The originalist attack on birthright citizenship] didn’t kill [birthright citizenship], it killed [originalsm].”

[Jim 🕊️🐘 from Minnesota @jimM047]

@HabCorpLinguist In Minnesota, the judicial branch Westlaw subscription includes the AI tools, including the brief checker.

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus @dilanesper

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus @dilanesper Unironically based.

[Jim 🕊️🐘 from Minnesota @jimM047]

@EndWokeness Should have used the photo of Anthony Hopkins from the cover of Othello.

[Jim 🕊️🐘 from Minnesota @jimM047]

@OrinKerr Whether you can get from there to where the legislation here wants to go is a more complicated question.

I am skeptical.

But I don’t think it is frivolous to say that there is an open question. /end

[Jim 🕊️🐘 from Minnesota @jimM047]

@OrinKerr And no one seems to think it is a constitutional issue that a SuperPACs has to pick the right corporate charter and tax designation before it operates.

I suggest that this means the now-gone historical tradition of corporations with limited activity was not unconstitutional. /4

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus But that isn’t a very satisfying answer to those who are textualists second, and get to textualism only from a deeper underlying normative theory.

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus I realize the answer for some is “I am a textualist, rationally and knowledge is the minimal axiom required to make that work, nothing else is required, so everything else is substantive.”

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus And, of course, once you are relying on unwritten norms, you have to justify why you are accepting some norms that are part of our traditional body of the law of interpretation and rejecting other norms that are similarly a part of that body of law.

[Jim 🕊️🐘 from Minnesota @jimM047]

@ClarenceMaximus Another way of saying it: we treat legislatures as rational; but they aren’t actually rational; so we get that rule from a normative legal source, not from observing a fact.

The traditional source for that norm is simply that it has been our rule, and it hasn’t been repealed.