Sentences with phrase «then originalism»
If Brown can not be justified on originalist grounds, some scholars contend, then originalism should be rejected, because Brown is a seminal case whose outcome has overwhelming support in our society — both legally and morally.
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In Grutter then, Scalia appears to have abandoned both originalism and precedent to arrive at his position.
No matter how you approach it, then, when it came to voluntary integration, Scalia abandoned what a commitment to originalism would appear to require.
Following from this erroneous premise, the Court declared open season on originalism: «[i] f the Canadian Constitution is to be regarded as a «living tree»... then the determination of categories existing in 1867 becomes of little, other than historic, concern.»