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The Non-Originalist Supreme Court
John Avlon: Many, many of the Warren Court decisions are justifiable on the basis of originalism. The current court purporting to rely on originalism, they consistently reach results that line up perfectly with the policy preferences of the Republican Party., he says. Avlon: Non-dominantism is not constraining them at all; it's empowering their activism because it discourages judicial modesty. "I defy Tom to show me where Justice Alito ... made an originalist argument in that case"