Will conservative justices discard originalism to do what’s best for business interests at the core of the Republican party?
, the answer will turn on a surprising question: whether the conservative justices are evenhanded—or instead hypocritical—adherents to their preferred theory of originalism.
The case arose when a Virginia citizen named Robert Mallory sued his former employer, Norfolk Southern Railway. Mallory alleged that Norfolk—a Fortune 500 company in Virginia—caused his cancer by exposing him to asbestos. But Mallory did not sue the company in Virginia. He sued instead in Pennsylvania.Why Pennsylvania? Simple: Mallory’s lawyers were forum shopping. Even though Virginia was the more convenient place to sue, they believed he would get a more favorable jury in Pennsylvania.
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