So what’s a superprecedent? — or why Luttig is looking better and better

Generally, they’re good for liberals and bad for conservatives — at least for conservatives who claim to be originalists (as if it’s possible to know the “original intent” of the Framers, as if what applied back in 1789 can possibly apply in full in 2005).

Plus, my fellow blogger Vivek Krishnamurthy, now at Yale Law School, comments on conservatism, originalism, and precedent. Definitely worth a read.

It looks like we who oppose such strident originalism have no less a figure than John Marshall on our side.