According to Hawaii Supreme Court Justice Todd Eddins, the theory of “originalism” champions the views of “the few white men who made laws and shaped lives during the mostly racist and misogynistic very old days.”
As Mark Joseph Stern of Slate puts it, “Maybe rather than trying to beat conservatives at their own game [of originalism], progressives should present a competing vision of constitutional interpretation to the public—one which acknowledges that original meaning is often unknowable, and too frequently shackled to the antiquated views of dead white men. And maybe that would give disillusioned Americans a reason to believe in the rule of law once again.