Elias Neibart (Harvard University, Harvard Law School) has posted Originalism as Intellectual History (Harvard Journal of Law and Public Policy: Per Curiam, No. 1, 2022) on SSRN. Here is the abstract:
If the majority opinions in Dobbs and Bruen taught us one thing it is that the Supreme Court’s originalist jurists remain deeply committed to the practice of history. Throughout its last term, the Court often surveyed the literature and law of the past to address modern life’s most pressing constitutional questions. So, if judges are to take on the mantle of history, what form should their historical inquiry take?