Earlier quoted context omitted.
I believe for the last 30 years or so (after the late Antonin Scalia) 'conservative' judge is almost synonymous with originalist. I think you may be falling victim to correlation is not causation? IE there are no liberal originalists by definition (above). If I'm wrong, could you give me an example of a liberal originalist? I would be very happy to be wrong about this. The correlation here is that conservative presid…
Conservative judges have no problem with legislation from the bench when they're the ones doing it. Again, they pretend to use an impartial "originalist" principle when decision-making but cherry-pick the "original" texts they use or ignore them when they would lead to ruling in a way conservatives don't like. How is it "originalist" to take the 2nd Amendment, which refers to "well regulated Militia," and using it to…
The relation between the operative clause and the prefatory clause is that, historically, kings had effectively destroyed the militia by forbidding the keeping or bearing of arms. Justice Scalia's opinion in Heller cites a great deal of evidence that the original public meaning of the phrase "the right to keep and bear arms" included keeping and bearing arms for individual self-defense.