Sunday, November 27, 2022

Worse Than Nothing, Erwin Chemerinsky

 

Worse Than Nothing:  The dangerous fallacy of originalism by Erwin Chemerinsky

Started: 11/20/2022
Completed: 11/27/2022
Recommendation: Recommended
Recommended By: The library

Review:

I have felt that  "originalism" leads to too much potential for "both sides" analysis.  I think it also risks keeping the country mired in the past.  This book charts a pretty dangerous future where individual states can have a state religion and sponsor religious activities.  The whole concept of treating individuals equally can be lost as religious exceptions pile in.  Moreover, there is no merit in thinking that the structure of originalism offers a consistent, even handed approach for judges.  It serves, instead, as a cloak to hide individual judges' prejudices under the gauze of someone else's (a founder or some such) prejudices.  Kind of scary book.

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