"Originalism" requires careful attention to the written text of the Constitution, to the Constitution’s overall structure, and to history, both at the time of its framing, during the early republic, and later.
We review this development in the chapters that deal with the administrative state, focusing on the court’s decision in West Virginia v. Environmental Protection Agency . As we note in our book, in Bruen the court revealed that it"would no longer treat the Second Amendment as a second-class right but would put the right to bear arms on a par with other core liberties such as freedom of speech." against the Constitution and to conclude no such right can be found in it. As three of our chapters detail, the right to an abortion has nothing to be said for it as an originalist matter.
The Constitution nowhere spells out, in terms, the right to an abortion. With even liberal legal scholars conceding that the asserted textual basis for the alleged right was astonishingly feeble, the court had founded the right to abortion on a gauzily defined right of"privacy" — even when those private decisions directly resulted in the killing of an unborn child or fetus.
Liberals in Congress and the media have also been pressing schemes to eviscerate the court’s independence, whether through"court-packing" or misguided"ethics" requirements. Despite these slanders and threats, the court shows no sign of surrendering to its critics.
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