
Rucho v. Common Cause
5-4
00:00
The Presumption That the Court Can Analyze the Constitution Is a Bullshit Argument
Roberts also uses history to engage in sort of a rhetorical sleight of hand here. He assumes this is not just dishable unless there's like historical evidence to the contrary. The only purpose of this pseudo-originalist interpretation is to try to pretend that the courts extremely weak argument here is somehow like rooted in history. It's almost completely useless.
Transcript
Play full episode