4min chapter

Strict Scrutiny cover image

What else can the Supreme Court get away with?

Strict Scrutiny

CHAPTER

The Court's Penchant for Historical Fiction

The court seems to be using history in a very fictional way, perhaps rewriting and writing its own historical fiction. Justice Thomas literally has written about reconstruction and redemption and racial violence in the context of the Second Amendment but has no understanding of how that might also relate to issues around affirmative action or voting rights. I mean, so like seriously, if you're going to write historical fiction, do the work and be an historian and not just one of these armchair historians.

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