What I find interesting about that is that it's presented as an originalist argument, by a presumably progressive writer, against the conservative majority on the Supreme Court. Usually it's the other way around, and conservatives are amenable to originalist arguments.
That's interesting, since most founding fathers were progressive in their own right. And most ideas related to the founding of the USA revolved around the ideas of the enlightenment, which were all progressive and liberal in nature, in fact they pretty much coined both terms.
