“Obama’s Lawyer Should Have Used Originalism to Sway Originalist Justices; If he had met a conservative Court on its own ground, the solicitor general could have notched a victory for liberalism—and helped safeguard campaign-finance protections.”

Larry Lessig writes for the Atlantic.

I’ve expressed my deep skepticism of this position.

Larry submitted an amicus brief with CAC on this.  Surely Justice Scalia is familiar with the arguments. If he was swayed even the slightest by the argument, it was not evident at oral argument.

UPDATE: Josh Blackman comments.

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