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by VS1999 782 days ago
I'm pretty sure the constitution was not written for slaves and no "originalist" stance would consider them. This is a silly "gotcha" that you just made up so you can get mad.
2 comments

>constitution was not written for slaves

That's the point.

The 3/5th clause has been used by prior SCOTUSs to justify decisions, so it is not a gotcha. It's history...

On that note, Alito and Thomas had to use a pre-U.S. colonial law as their grounds to overturn Roe, so there is no limit to how far they will go to use "orignalism" to further their ideology.