Relativism Is In The Eye Of the Justice

Created
Mon, 11/03/2024 - 01:30
Updated
Mon, 11/03/2024 - 01:30
Will SCOTUS now revisit Dobbs and Heller? Need I repeat that conservatives principles always seem to be a mile wide and an inch deep? Democracy, the rule of law, the peaceful transfer of power, peace through strength, the sacredness of the Constitution, etc. “If you ask me what the biggest problem in America is, I’m not going to tell you debt, deficits, statistics, economics—I’ll tell you it’s moral relativism,” Congressman Paul Ryan insisted four years before becoming House Speaker. Relativism was for years a charge conservatives levied against liberals. Until it was no longer useful. My memorable first introduction to Rick Perlstein in 2005 included something Richard Nixon once told a staffer, “Flexibility is the first principle of politics.” Expediency conservatives hold sacrosanct. Jill Lepore asks in The New Yorker whether, having sacrificed the 14th Amendment in pursuit of political expediency, “originalists” on the Supreme Court now feel free to rexamine other amendments: There’s more than one way to skin a Constitution. Here are two: a court might base a decision on the original intention, meaning, and public understanding, the “history and tradition,” of a constitutional provision, or it might base a decision on a consideration of the consequences. Ordinarily, a judge might apply both these and other methods, but a strict originalist might argue that the jurisprudence of originalism is fundamentally opposed to the jurisprudence of consequentialism—that it’s best to heed the past and damn the consequences. During oral arguments at the Supreme Court in Dobbs v. Jackson Women’s Health Organization,…