Nine lawyers in black robes sit in a marble temple in Washington and commune with the dead. They ask James Madison, silent since 1836, how he feels about bump stocks. They ask a Virginia planter to rule on geofence warrants and a Boston merchant to weigh encrypted messaging, and they transcribe the answers with straight faces into the United States Reports. Every other corner of American life has a name for this ritual. When a widow pays for it in a candlelit parlor, we call it a séance and we call the medium a fraud. When five justices perform it in October Term, we call it originalism, and law schools award tenure for defending the candles.

Continue reading → The Séance Court: Original Intent and the Fraud of Speaking for the Dead