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vpi6 t1_j1wqh57 wrote

Reply to comment by FapMeNot_Alt in Supreme Court leaves in place Title 42 border policy for now by monstertruckbackflip

From that snippet, I don’t think Gorsuch’s objection or arguments to keep title 42 has much to do with Living Constitution theory. I’m also a bit more sympathetic to Gorsuch’s objection here just from a good governance standpoint.

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FapMeNot_Alt t1_j1x47a4 wrote

His argument is framed from a textualist POV. Looking at the constitution, and law in general, from that framing is troubling for a constructivist such as myself. Not as bad as originalism, but it is still troubling that KBJ signed onto it, and IMO is a message that she will avoid rocking the boat.

I ultimately agree with Gorsuch, don't get me wrong. However, I dislike the avenues he took to arrive at our shared conclusion.

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