Justice Souter On Judging

I am working on an article entitled "On Discretionary Originalism, Brown, and Loving," and noticed Justice David Souter's statement about originalism in his recent commencement address at Harvard: the theory "has only a tenuous connection to reality." Souter on Brown: "For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, Brown must either be flat-out wrong or a very mystifying decision." On the difference between Brown and Plessy v. Ferguson: "Actually, the best clue to the difference between the cases is the dates they were decided, which I think lead to the explanation for their divergent results."