Thanks for posting that. Just another warning of the damage that the Federalist Society is doing to the federal judiciary. That article is well done, and it feels like the author was channeling Brisket on the parts about "history and tradition":
Credit where it’s due, Mizelle didn’t have to include the parenthetical admitting that her primary source admitted he was basically making it up based on incomplete records. On the other hand, it’s the sort of addition that should’ve kept the cite out of the opinion entirely. But this again gives us occasion to remember the risks posed by the cottage industry of building a body of “History-ish” publications for judges to cite whenever the actual record can’t back it up. It’s an accelerating problem with student journals publishing historical claims that could not pass scholarly peer review, but provide Federalist Society judges historical sounding factoids to insert into string cites. Indeed, one of the authors at the heart of the recent controversy over flimsy academic claims is right there in this opinion!