Any effort to restore the American legal tradition must recognize that "individual liberty" decisions have revolutionized our constitutional order.
Jesse Merriam
The Court's inconsistencies may be a function of the peculiarities of our political system, not the peculiarities of particular justices.
More than the Bostock decision itself, structural defects in legal conservatism spell trouble for its future as a cohesive movement.
Conservatives, if they wish to preserve state and local governance, should resume their resistance to the incorporation doctrine.
If the demolition from the 2016 wrecking ball does not create this change in the legal world, I think it is safe to say the next populist uprising will.
Originalist thought has not just been on a steady legal trajectory over the last 20 years. There is also an important and overlooked political story to tell.