Originalism as king

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Originalism as king

20 Apr 2021

Reading Robert Bork’s 1990 The Tempting of America can evoke a poignant wistfulness. The Tempting of America confirmed the rigorous originalism that a Justice Bork would have brought to a Supreme Court so badly in need of principles of interpretation. If Robert Bork had won confirmation, rather than Anthony Kennedy, the Supreme Court might have …
executive power courts jurisprudence constitution supreme court executive branch politics and public opinion robert bork

Authors

John Yoo

Published in
United States of America

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