At some point in time, the Supreme Court abandoned originalism, and prior originalist precedents, and came up with new law altogether.
Could executive branch agencies be turned into helpful adjuncts to federal courts without usurping judicial power? Yes they could.
Ilan Wurman is an associate professor of law at the Sandra Day O’Connor College of Law at Arizona State University. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge University Press, 2017).