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This article—which points out mistakes in conservative scholarship promoting the "unitary executive" theory—illustrates a major problem with originalism. No one likes to admit error, especially not judges. And there's no incentive for acknowledging that you read history wrong.


Once the Supreme Court locks into a particular reading of history, that interpretation gains precedential force. It becomes entrenched in the law. By the time new evidence emerges that suggests history was misinterpreted, it might be too late. Bad history now binds the judiciary.

This is one potential solution but I don't think the self-professed originalists on the Supreme Court will ever admit error. A ton of evidence has piled up refuting key claims in Scalia's Heller opinion and the Republican-appointed justices just ignore
Bullshit.

I have family members all the way up the Fox News Facebook misinformation hole, and they didn’t get vaccinated because they felt respected; they got vaccinated because their children told them they wouldn’t get to see their grandchildren until they got vaccinated.


3 observations:

People don't tend to change their worldviews from a place of comfort.

When selfish assholes decide to behave like selfish assholes, the problem isn't that others aren't coddling their feelings enough.

Selfish assholes aren't everyone else's job to fix.

Selfish assholes would love for you to *think* they are everybody else's job to fix.

It puts them at the center and in control.

That means when they act like a selfish asshole, it's *your* fault. You should have been more persuasive. Daddy hits you because you made him angry.

Truth is, vaccine resistors are behaving this way because their feelings ARE being respected.

Malicious media entities created self-feeding networks that reassure selfish assholes they can be selfish assholes and still be respected.

Antvax, racist, sexist, all are welcome.

The way you make a selfish asshole stop being a selfish asshole is well known.

You draw a clear boundary and then you enforce that boundary. You tell them that their bullshit won't be tolerated, and then you don't tolerate their bullshit.

I think we all know that, actually.