A very timely commentary. However, a 'true originalist' would not put more pressure on the 'meaning and spirit' of Sec 3 well above the non-originalist precedent of Griffin? It is clear that this is the position of Amar, Baude, or Paulsen. In other words, upholding Griffin will not mean that some of the 6 judges are doing 'originalism' but, in fact, the contrary.
A very timely commentary. However, a 'true originalist' would not put more pressure on the 'meaning and spirit' of Sec 3 well above the non-originalist precedent of Griffin? It is clear that this is the position of Amar, Baude, or Paulsen. In other words, upholding Griffin will not mean that some of the 6 judges are doing 'originalism' but, in fact, the contrary.