More Greenhouse Gas

by Ed Whelan

After all these years, Linda Greenhouse’s understanding of originalist methodology is evidently so confused that she imagines that a sound exercise of originalism would yield the conclusion that the word “persons” doesn’t include women.

The fact that some judges have committed bad originalism is no more a general indictment of originalism than the fact that some writers pen stupid op-eds is a general indictment of expressing opinions.