Why is 'originalism' being used to help domestic abusers keep their guns?
aimed at keeping guns from those adjudicated to be domestically abusive to their intimate partners. According to the appellate judges incentury to survive constitutional review.These decisions and the reasoning that guides them are frightening and oppressive. They seem to force us to look down the wrong end of a temporal telescope so that we can see only the narrowest version of what the Framers might have demanded of us.
Of course, no counterfactual or hypothetical reconstruction of how people from the past might have approached or performed an intellectual task can predict what they certainly would have done. We do not have a way to run that thought experiment as an actual one.
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