What’s New is Old: The Left Turns Originalist

Source: American Institute for Economic Research
by Michael Munger

“Originalism — the ‘dumbest judicial philosophy in the world’ — has long been mocked by the left as a reactionary, obstructionist tactic. But the highly touted ‘New Antitrust Paradigm’ seeks to ‘out-originalist the originalists,’ taking up a tactic that has been used increasingly by those who seek to roll back deregulation. The New Antitrust Paradigm would extend antitrust enforcement well beyond the now-established ‘consumer welfare standard’ to encompass social justice, the welfare of competitors, labor, and the environment. The ‘Report of the Majority Staff’ is the manifesto of this view, a wide-ranging, remarkably detailed (450 page) triumphalist declaration.” (06/10/21)