Emancipating the Constitution From Non-Originalist Precedent: In the wake of the Supreme Court overturning Chevron, originalists must address the problem of bad precedent. (John O. Mcginnis & Mike Rappaport, 7/11/24, Law & Liberty)

The biggest challenge to the rise of originalism is precedent. Although originalism is enjoying more support in the judiciary and in the academy than it has in a century, hundreds of non-originalist Supreme Court precedents still shape our legal world. That means originalists face a clear dilemma: If they allow these precedents to dominate, constitutional doctrine will remain non-originalist […] Conversely, if originalists systematically overturn non-originalist precedent, they risk disrupting established rules and causing legal instability.

It is not surprising that the justices are just beginning to grapple with this fundamental issue.

Maintaining the violence that was done to the Constitution is the worst alternative.