Heather Cox Richardson spells it out in context.
This is the foundation for today’s “originalists” on the court. They are trying to erase the era of legislation and legal decisions that constructed our modern nation. If the government is as limited as they say, it cannot regulate business. It cannot provide a social safety net or promote infrastructure, both things that cost tax dollars and, in the case of infrastructure, take lucrative opportunities from private businesses.
It cannot protect the rights of minorities or women.
...
Sotomayor wrote in her dissent: “Last night, the Court silently acquiesced in a State’s enactment of a law that flouts nearly 50 years of federal precedents.”
This is huge.
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