After Trump ballot ruling, critics say Supreme Court is selectively invoking conservative originalist approach
The conservative justices appear to #selectively #apply the legal methodology known as #originalism, which focuses on the original meaning of the law at the time it was written.
The court, which has a 6-3 conservative majority, was unanimous in ruling that Section 3 of the Constitution’s 14th Amendment cannot be enforced by states, but critics were quick to point out the absence of originalist arguments.
“What struck me is how much attention was devoted to questions of original meaning in the briefing and at oral argument and 🔸how cursory and frankly unpersuasive the discussion of the #history was in the published #opinion,” 🔸said Evan Bernick, a professor at Northern Illinois University College of Law.
https://www.nbcnews.com/politics/supreme-court/trump-ballot-ruling-critics-say-supreme-court-selectively-invoking-con-rcna142020