The Asymmetric Politics of the Democratic Party and the Republican Party

The courts are an attractive venue for Republicans because they're a minoritarian venue. Being able to staff the Federal Judiciary with young movement ideologue judges means that you can entrying your party's largely unpopular political agenda through the courts and insulate that from any electoral changes or mobilization by the left. The Federal Society model, not surprisingly, speaks to a very well-funded, well-mobilized minority. And so originalism is a vehicle. It's an instrumental set of ideas that gets these judges the policy results that they want.