Justice Amy Barrett writes in her recent book, “Listening to the Law,” that she is an originalist. She’s not. Neither are Justices Clarence Thomas, Samuel Alito, Neil Gorsuch or Brett Kavanaugh. Instead, they are common law judges, just like Supreme Court Justices have always been.

It’s easy to see this. In 2024, the court decided two of the most important cases in American legal history: the Colorado ballot case and the presidential immunity case.

The Colorado Supreme Court had removed Donald Trump from the ballot because Section 3 of the Fourteenth Amendment of the U.S. Constitution bars insurrectionists from office. The U.S. Supreme Court unanimously restored Trump to the ballot.

In the immunity case, the court granted presumptive immunity to Trump for almost all of his efforts to ov

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