Ruth Marcus's Critique of Originalism Is Bunk
Washington Post columnist Ruth Marcus has written a nearly 5000-word critique of originalism titled "Originalism is bunk. Liberal lawyers shouldn't fall for it." From its unusual length, its confident pronouncements, and its over-the-top rhetoric (e.g., "insipid," "rigged, dishonest bunk"), it would seem that Marcus imagines that she has penned a compelling takedown of originalism. But her critique is rife with confusions, straw men, and empty epithets.
