Originalists in an evolved world

Merion Station, Pa.: When legal scholars seek to determine the original intent of the Constitution’s drafters, they must consider that the world of 2020 is radically different from that of 1787 or even 1870, by which time its most consequential amendments had been ratified. The Constitution was written when almost all African-Americans were slaves, Jews and Catholics couldn’t vote in some states, and the thought of women being given the franchise wasn’t discussed.

If our Founding Fathers were alive, they’d be horrified that the Supreme Court is comprised of two Jews, five Catholics, a Protestant who was raised a Catholic, and soon another Catholic. Not to mention their shock at seeing an African-American and two, soon to be three, women serving as the chief arbiters of American law.

Eminently qualified Judge Amy Coney Barrett is an originalist, but she doesn’t conform to the Founding Fathers’ view as to who’s qualified to serve on the Supreme Court. Perhaps she and other originalists should take a good look in the mirror before they issue more opinions reflecting the late 18th century.

Paul L. Newman