With his lead symposium essay, Jesse Merriam revisits the constructive criticism he offered of “A Better Originalism,” the manifesto I, Hadley Arkes, Josh Hammer, and Matthew Peterson co-authored in these pages at the advent of the Biden presidency. As Merriam wrote in 2021, “The failure of legal conservatism is principally a product of how it is structured, not the product of an inadequate legal theory.” By structured, he meant not only the institutions that dominate the conservative legal movement, but also the aims at which those institutions pull oars together to achieve.
Legal conservatism needs substantive goals to which the movement can orient its activities, a point on which Merriam is correct. Indeed, a hyperfocus on the methodologies of the prevailing form of originalism, the original public meaning variety, masks the ultimate ends of a legal conservatism worth pursuing in the first place.



