Originalism

“…originalism did not begin with answers. It began when Robert Bork faced the Warren Court’s ‘Because!’ and asked: ‘But why?’ Why these rulings and not others?…. The entire originalist-textualist project sprang from the search for an answer to these questions, for a bulwark against an earlier Supreme Court’s ipse dixit.” - Law & Liberty

“Conservative legal theory holds that laws need to be interpreted and applied according to their “original” or “textual” meaning. Conservative judges, unlike liberal judges, resist ‘making laws,’ which they consider to be the role of legislators….they also tend to have a high respect for ‘precedent,’ for upholding previous court rulings.

“These failures, as noted by Senator Hawley in his speech, can quickly turn into a political liability for a Republican Party that has derived significant power from campaigning on the importance of judicial nominations. Bostock is a wake-up call…of a movement in need of change.