U.S. Circuit Judge Pauline Newman lost her legal challenge to a suspension over concerns of mental deterioration. A judge rejected her constitutional challenge to the law underlying her suspension.
Your example is actually much closer to Living Constitutionalism which based on this comment I’m going to assume you probably don’t want to be criticizing.
Originalism is tethered to textualism which is antithetical to your analogy reading words out of text.
Your example is actually much closer to Living Constitutionalism which based on this comment I’m going to assume you probably don’t want to be criticizing.
Originalism is tethered to textualism which is antithetical to your analogy reading words out of text.