@Stevo_the_gamer said:
@mattbbpl said:
@Stevo_the_gamer: It seems Zaryia and Maroxad properly covered why they should be concerned.
What did they say? Who is they and why should they be concerned?
I will add in 3 questions of my own to make my post more comprehensive and flow better. My added questions will be in italics. Yours are in bold.
Who are concerned? The LGBT community, Progressives, Secularists, Libertarian Conservatives.
Who are they concerned about? Generally young conservatives, oftentimes of the fundamentalist type. Generally upset that Originalism isnt giving them the results they want. The primary proponent however is Harvard Law School professor Adrian Vermule.
What did they say? That the Common Good Interpretion is deeply authoritarian, theocratic and couild potentially undermine and remove all LGBT rights if the fundamentalists wishes to do so.
What is this interpretion? It is known as the Common Good Interpetion. Which is a more assertive take on legal interpretion than the Originalism. Generally speaking, it often can be interpreted as The Constitution means what we want it to say (usually to favor a heirarchy and those in power). Rather than the sort of originalism which is literal interpretion of the constitution, and living document, which is more lawyery and implicit.
But don't take my word for anything here, I am very much biased here, and I think we both would agree it is better if you would get your information from the primary source rather than a biased poster such as myself. But the book I would recommend is Common Good Constitutionalism by Adrian Vermule. ISBN: 9781509548880. There is also this article https://www.theatlantic.com/ideas/archive/2020/03/common-good-constitutionalism/609037/
What is it we are concerned about in particular? The conservatives who adhere to this legal interpretion end up winning the legal debate over Originalism. And this new legal interpretion becomes the dominant political interpretion on the right.
Why should they be concerned? Because this interpretion of the constitution means they can remove all their rights at a whim. We are already seeing this interpretion being more or less tested out in the debate following Dobbs v. Jackson Women's Health.
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