Clarence Thomas’ originalist interpretations go too far, even for fellow conservatives

“This is a case where, if you invalidate this statute on the basis of originalism, you go back in time and say, essentially, at the time of the original ratification of the Constitution, domestic violence was tolerated — and therefore, based on originalism, we need to invalidate the statute,” John P. Gross, a professor at the University of Wisconsin Law School who’s also the director of the Public Defender Project, told BI. “And that is, of course, an absurd, horrible result.”