John Roberts's Refusal to Defend Federal
s-gerber at onu.edu
Thu Sep 8 15:51:57 PDT 2005
Liberal originalism appreciates Dworkin's method, although not his
application of the method or his understanding of our first principles.
Liberal originalism often reaches results that conservative originalists
reject. As Henry Abraham once told me, the fact that both the Left and the
Right would find fault in my theory suggests that I might be on to something.
Andrew Kull has convincingly demonstrated that the Congress rejected every
opportunity to adopt "colorblind" language as part of the 14th Amendment.
No serious historian could believe that it was part of the original
understanding as to how it would be interpreted. One can, of course, offer
Dworkinian takes of the deep "concept" underlying various conceptions, but
it is not my perception that conservative originalists are much taken with
- Sanford Levinson
(Sent from a Blackberry)
Ohio Northern University
Ada, OH 45810
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