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Lawless: A Storm of Shade and Sneering

The Gist

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Originalism and Partisan Politics in Judicial Philosophy

This chapter examines the interplay between judicial philosophy, specifically originalism, and partisan politics, highlighting its origins as a conservative response to civil rights advancements. The discussion critiques landmark decisions such as Roe v. Wade, exploring Justice Ginsburg's perspectives on gender equality and the implications of framing abortion rights within equal protection. Additionally, it addresses how originalism has been manipulated by political actors to influence judicial appointments and reproductive rights, raising important concerns about impartiality in the judicial system.

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