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There are three large problems with originalism, he wrote in the book.
“First, it requires judges to be historians — a role for which they may not be qualified — constantly searching historical sources for the ‘answer’ where there often isn’t one there,” he wrote.
“Second, it leaves no room for judges to consider the practical consequences of the constitutional rules they propound.
And third, it does not take into account the ways in which our values as a society evolve over time as we learn from the mistakes of our past.”
https://www.nytimes.com/2024/03/18/us/breyer-supreme-court-interview.html
“First, it requires judges to be historians — a role for which they may not be qualified — constantly searching historical sources for the ‘answer’ where there often isn’t one there,” he wrote.
“Second, it leaves no room for judges to consider the practical consequences of the constitutional rules they propound.
And third, it does not take into account the ways in which our values as a society evolve over time as we learn from the mistakes of our past.”
https://www.nytimes.com/2024/03/18/us/breyer-supreme-court-interview.html