Advisory Opinions cover image

Killing Zombies at the Justice Monastery

Advisory Opinions

00:00

The Originalism of Tradition

Judge Newsom has a good point here that this is a originalism workaround. To the extent that's what tradition means obviously that's wildly problematic as he points out. But for me I guess when I first thought about the question I was like, okay, the only way for me to understand what tradition means is to take out text and history but just said, we looked at the tradition of gun regulations in the United States. So it feels like tradition, it's hard to think of a concept of tradition that isn't a subset of history. And so in some ways, isn't it ultimately kind of rhetorical flourish?

Play episode from 35:08
Transcript

The AI-powered Podcast Player

Save insights by tapping your headphones, chat with episodes, discover the best highlights - and more!
App store bannerPlay store banner
Get the app