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Originalists. how could the framers possibly imagine modern contraptions? thermal images didn't exist in the 1700s. the framers had no idea what it was. so under the caricature that the democrats have suggested, you would assume the originalists in the case would all line up on the side of saying, gosh, the fourth amendment doesn't cover that. yet the kilo case, the majority opinion, 5-4 was written by justice scalia. the leading originalist on the court. it was joined by justice thomas. indeed justice stephens dissented in that case. so i think that case illustrates that any judge doing his o...

Profoundly thoughtful in examining the original history of the constitution. i guess i'm with so many other people who come before me, justice story, justice black, and yes, justice kagan who sitting at this table said we are all originalists in this sense. and i believe we are. >> well, judge, i thank you for that very scholarly area that you answered. you are right that justice kagan gave an answer that had many similar aspects and said that we apply what they say, what they meant to do, so in that sense we are all originalists. and you know, you reference the kilo case, it serves well to re...

The framers possibly imagined modern contrivances, modern contraptions. well, thermal images did not exist in the 1700s. >> right. >> the framers had no idea what it was. under the caricature that some of the democrats have suggested you would assume the originalists in the case would all line up on the side of saying well gosh the fourth amendment doesn't cover that. and yet the kilo case, the majority fin, 5-4 opinion was written by justice scalia, perhaps the leading originalist on the board. it was joined by justice thomas. and indeed, justice stevens dissented in that case. so i think tha...

Profoundly thoughtful in examining the original history of the constitution. i guess i'm with so many other people who come before me, justice story, justice black, and yes, just kagan, who sitting at this table said we are all originalists in this sense. and i believe we are. >> judge, i thank you for that very scholarly and erudite answer. you were right that justice kagan gave an answer that had similar aspects and said we apply what the say, what they meant to do. son that sense, we are all originalists. and you know, you referenced the kilo case. i think it does -- it serves well to rebut...

Profoundly thoughtful in examines the original history of the constitution. i'm with so many other people who have come before me. justice story, justice black. yes, justice kagan who sitting at this table said we're all originalists in this sense. i believe we are. >> judge, i thank you for that very scholarly answer. you are right. justice kagan gave an answer that had many similar aspects and said we apply what they say, what they meant to do, so in that sense, we are all originalists. you know, you reference the kilo case. i think it does -- it selves well to rebut the caricature of