In his exposition of originalism, Judge Jeff Sutton cites Magna Carta.

If American lawyers in all manner of settings still invoke the original meaning of Magna Carta, a Charter for England in 1215, surely it is not too much to ask that they (and we) take seriously the original meaning of the United States Constitution, a Charter for this country in 1789.

Recently, the Chief said this was a no-no for briefs.

“If you’re citing Magna Carta in a brief before the Supreme Court of the United States, or in an argument, you’re in pretty bad shape,” Chief Justice Roberts said. “We like our authorities a little more current.”

Plus, he cites Marbury v. Madison–something I said lawyers should never do–among other landmark cases:

Many precedents gauging individual rights and national power, leading to all manner of outcomes, confirm the import of original meaning in legal debates. See, e.g., Marbury v. Madison, 5 U.S. (1 Cranch) 137, 173–80 (1803); McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 401–25 (1819); Legal Tender Cases, 79 U.S. 457, 536–38 (1870); Myers v. United States, 272 U.S. 52, 110–39 (1926); INS v. Chadha, 462 U.S. 919, 944–59 (1983); Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 218–25 (1995); Washington v. Glucksburg, 521 U.S. 702, 710–19 (1997); Crawford v. Washington, 541 U.S. 36, 42–50 (2004); Boumediene v. Bush, 553 U.S. 723, 739–46 (2008); Giles v. California, 554 U.S. 353, 358–61 (2008); District of Columbia v. Heller, 554 U.S. 570, 576–600 (2008).

Though, I think Sutton’s points are well taken.