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Bench Memos

NRO’s home for judicial news and analysis.

Non-Originalists Can’t Be Trusted



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The proposition that non-originalists can’t be trusted applies in a number of realms. Among other things, non-originalists can’t be trusted to assess originalist arguments because their primary interest is to discredit originalism. As my essay on NRO today shows, Yale law professor Jack Balkin’s lengthy critique of my recent NRO essay on Brown v. Board of Education and originalism exhibits this characteristic flaw and fails even to present accurately the arguments he purports to refute.



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