Now, just a year after contending that refusing an up-or-down vote on a Supreme Court nominee is unconstitutional (here, here, and as reported here), comes Dean Erwin Chemerinsky to urge that Democrats should filibuster Gorsuch’s nomination. That is, having once said that Republicans must vote on a Supreme Court nominee, he now favors Democrats preventing a vote. But why? Because Judge Gorsuch is an originalist (like the justice he would replace).

So, does Dean Chemerinsky have a coherent argument against originalism? Judge for yourself:

The original understanding of the Constitution is unknowable and even if it could be known, should not be binding today. (emphasis added).

…

Stanford law professor Michael McConnell laid out the facts here over 20  years ago in 1995 and, in his critical reply, Harvard legal historian Michael Klarman does not dispute any of these facts. Instead, he offers methodological arguments about originalism. Revealingly, Klarman’s response is entitled Brown, Originalism, and Constitutional Theory (I cannot find a free link but you can read the synopsis). McConnell responds persuasively to Klarman here; and another reply by McConnell to a different critique is also interesting.) You can read the exchange for yourself and decide who has the better of the factual dispute.