Feint-Hearted Originalism

Justice Scalia once called himself a “faint-hearted originalist.” I’m thinking of titling an article or book “Feint-Hearted Originalism.”

Too snarky? Or too obscure? I just can’t believe no one has feigned this feint before, as far as I can tell.

“Feign means to give a false appearance or to fake something. Feint also involves deception, but usually refers to physical movements meant to distract an opponent, such as a fake punch…” @MerriamWebster

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

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