This is characteristically thoughtful and wise. Two gentle quibbles: 1)Steve seems to accept that GOOD history might give us better answers, but I think folks like Jonathan Gienapp have shown us that good history shows us that good history shows us that originalism asks bad questions.
Steve Vladeck"Academic freedom protects scholars’ right to challenge the orthodoxy; it doesn’t insulate them from charges of bad faith in doing so. But the problem here is one of both supply *and* demand. And ... #SCOTUS bears at least some responsibility for the latter." Me in today's issue of "One First":
