Thank you, Professor Tribe, for your always insightful and brilliant analysis (linked below.) I saw Professor Tribe on Larry O'Donnell and as usual his opinion was elegant. His progressive opinion is always a breath of fresh air.
Yes, these so called constitutional "originalist" sinners like Ted Cruz are so when it suits them otherwise it's "settled law." Of course, Cruz thinks his Canadian birth means nothing even though constitutionally it says he cannot hold the presidency because he was born in a foreign country. He thinks it's settled law except it is NOT settled law.
Just listen to Justice Scalia's inhumane opinions to see what Professor Tribe means by originalists when it suits them it is settled law and how much they hate the Court making law except when they like it. "Conservatives" believe in states rights and settled law until they don't and ask the big bad federal government to intervene when it comes to small business insuring their employees or when it's a woman's right to chose the medical procedures she wants.
Worst of all Cruz blatantly said he believes the Supreme Court does not make law. Well, Mr. Cruz, you are an attorney? If the Supreme Court does not make law then what does it make, pancakes? Guess Cruz would have loved the Supreme Court's ugly Dred Scott decision -- once a slave always a slave. Then, for Cruz, it would have been settled law.
If the decision is humane, Cruz and the SCOTUS five will be against it. If it's pro property rights they will be for it. You know corporations are people after all -- NOT. Shame on them (with the exception of, perhaps, at times, two.) The so called "originalists" are brimming with hypocritical contradictions.
I have a fantasy that will never be reality but I so wish it were. Think of it, all my progressives compatriots, -- instead of Scalia occupying his chair on the Supreme Court what if it were Professor Tribe as it should have been? I call that Nirvana. Okay, so time marches on and that will not happen but it is my First Amendment right to dream it!