53. The supreme court and its textualist approach to abortion and guns

In the Dobbs case, the U.S. Supreme Court found there is no constitutional right to abortion and that the issue of abortion is better left with the states, but state legislatures have gerrymandered their voting maps so that the power in party controls the vote. But that’s just one problem. Another is that the “textualist” approach favored by many of the justices on the court is dependent on an historical survey to determine what rights Americans have traditionally enjoyed, and the court has been selective about the history it relies on.

In addition, our guest, constitutional law professor Mark Brown, tells us the founding fathers didn’t intend future generations to be bound by their intent. It’s for that reason, they never disclosed their notes.