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Cake day: January 23rd, 2025

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  • I disagree. While I agree that Thomas and Alito are radicalized originalists, the rest of the court is more ambiguous. Roberts is an institutionalist with an incremental approach while Gorsuch favors textualism over originalism and occasionally swings left. Kavanaugh is a textualist with varying degrees of pragmatism on a case-by-case basis. Frankly, I find his jurisprudence to be rather clumsy. But he’s certainly left of Thomas and Alito by a wide margin. Finally, while Barrett favors originalism, she exercises independence from the conservative wing more than any other justice and I have very little concern that she’d entertain such nonsense as this.