Conservatives can not push enough Democrats and wobbly moderates toward greater comfort with originalist - like its - the - only - Constitution - we've - got thinking, can not get them to sacrifice the judicial avenue to what they see as policy goodies, or get them to really censure the kinds of unconstitutional short - cuts Obama is modeling, if they think that folks like you and I believe that
Real originalism would ban hours - laws, collective bargaining, etc..
One of Judge Posner's arguments - perhaps the central one, or at least a facet of his thesis that complexity is threating to overwhelm justice - is that Justice Scalia's championing of «
originalism» has distracted judges from engaging the complexity of the
real world, making law a poorer servant to society than it should be.