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" ... Given Knowlton’s role in framing the debate surrounding the passage of the Sixteenth Amendment, no thoughtful “originalist” can conclude that Pollock’s dicta, announcing a broad reading of the “direct” taxation clause, has survived the constitutional decision by the American People to repudiate Pollock in 1913. ... "
" ... Judge Barrett is an originalist whose record skews conservative on cases about abortion, gun rights, discrimination and immigration. Democrats are concerned because President Trump has explicitly stated in the past that he would choose a justice who would overturn the Affordable Care Act and Roe v. Wade. Barrett has spent the day insisting she is not a political weapon for the president and that she would not permit any influence from the White House. “I’m independent,” she said. ... "
" ... With Justice Ruth Bader Ginsburg, we believe the history of our Constitution is “the story of the extension of constitutional rights and protection to people once ignored or excluded.” We are not convinced that Judge Barrett, with her originalist interpretation of the Constitution, would protect the many people in society who are ignored, excluded, or treated unjustly. ... "
" ... “We do not want our choice of examples to obscure our argument. We identify some well-settled precedents whose consistency with the original public meaning has been challenged, but we recognize that different readers will reach different conclusions about whether any given precedent in fact conflicts with the text. We do not ourselves undertake to examine how any of the precedents we mention would fare under an originalist analysis. For our purposes, it is sufficient to say that it is inevitable that some well-settled precedents conflict with the original public meaning, and we use the familiar examples simply to illustrate the nature of the problem posed by such a conflict.” ... "