Trump judicial nominee Lawrence VanDyke is an originalist and said in a hearing Wednesday that he would “look to the Constitution” when considering whether laws were constitutional. This apparently set off alarm bells for Sen. Mazie Hirono, who seemed to assume that as an originalist, VanDyke would only look to the Constitution before it was amended.

That’s some gotcha. Alex Griswold reports in the Washington Free Beacon:

Sen. Mazie Hirono (D., Hawaii) attacked a judicial nominee Wednesday, charging that he would rule against suffrage for blacks and women if a hypothetical U.S. Constitution banned them from voting.

Hirono took issue with Trump judicial nominee Lawrence VanDyke’s statement that he would “look to the Constitution” when considering whether laws were constitutional. She said during a Judiciary Committee hearing such an approach would threaten the voting rights of minorities and women if the Constitution had not already been changed to ensure voting rights for minorities and women.

… “the point I’m making, of course, which you’re trying to get around, is that originalism means that you would interpret Constitution at the time of its enactment, and you would not allow women and blacks to vote because that was not in the Constitution when it was ratified in 1789,” Hirono said.

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