Saul Cornell calls New Originalism a Constitutional Scam

May 3rd, 2011

In a new piece at Dissent magazine, titled New Originalism: A Constitutional Scam, Saul Cornell lights up “new originalism” and essentially calls it a scam. Cornell, whose historical narrative of the 2nd Amendment, was resoundingly rejected in Heller, has been upset for some time. After McDonald, he wrote that “The notion of scholarly authority has almost no meaning any more.” “The quality of scholarship cited by Alito,  much of it published in minor law reviews and much of it produced by gun rights activists with the express purpose of influencing  the Court is nothing short of intellectually embarrassing.” As I showed, the citations from all three opinions were hardly “minor.”

Akhil Amar also shouted down Saul Cornell, “dismiss[ing]” him, and asking if he is as “well-read as” Amar.

Oh Saul Cornell.

H/T Patrick Charles