Those of us who argue that what we conserve is freedom together with equality need to make an ally of Thiel.
Liberty Law Forum
If the demolition from the 2016 wrecking ball does not create this change in the legal world, I think it is safe to say the next populist uprising will.
The irony: that legal conservatism seems to have triumphed now, at a moment when the political conditions that initially spurred it have ceased to obtain.
And in any case, Merriam does not identify a theory that would deliver better results than those delivered by originalism.
Some conservatives are unhappy with modern originalism; the best path for them is not to abandon it but to promote a more conservative version.
There are too few legal traditionalists to achieve what Merriam wants; this argues for a restorative project that’s conceptual rather than demographic.
Libertarian originalism tends to undermine conservative legal positions.