Hadley Arkes’s Straw-Man Argument for a ‘Better Originalism’ on <i>Roe</i>

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In a Wall Street Journal op-ed today, my friend Hadley Arkes argues for what he labels a “better originalism” in place of the “truncated originalism” that “has predominated” among legal conservatives. That dominant originalism, he contends, is “detached from the understanding that the American Founders, the true originalists, had of the moral ground of the Constitution and laws they were shaping.”
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