Originalism’s Limits

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To the Editors: David Cole’s “Originalism’s Charade” [NYR, November 24, 2022] is a devastating critique of originalism as a method of interpreting the Constitution. Among other things, Cole argues that the theory does not deliver on its promise of constraining judicial discretion, because of the many interpretive choices it leaves to judges. But there is […]

Original source: https://www.nybooks.com/articles/2023/05/25/originalisms-limits/

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