In a thought-provoking address delivered at the University of Chicago’s Federalist Society chapter, U.S. Circuit Judge John Bush, appointed during the tenure of Republican President Donald Trump, delved into the potential impact of artificial intelligence on the judicial landscape. With a focus on bolstering the application of originalist principles, Bush articulated a vision wherein advancements in AI technology could revolutionize the interpretative process of the U.S. Constitution.
At the heart of his discourse lies the concept of originalism, a judicial philosophy embraced by conservative jurists. Originalism seeks to decipher the Constitution’s meaning through the lens of historical context and traditional interpretation, adhering closely to the intentions of its framers. Bush highlighted the reliance of Supreme Court justices, particularly those within the conservative majority, on historical precedent to underpin their rulings, citing pivotal decisions such as those concerning abortion rights and gun control.
Yet, Bush acknowledged the inherent challenges faced by originalist judges, notably the labor-intensive nature of historical research required to ascertain the context surrounding the Constitution’s drafting. Herein lies the potential of AI, Bush proposed. By harnessing the power of artificial intelligence, judges could streamline the process of dissecting historical texts, facilitating a more efficient exploration of language usage and contextual nuances.
Central to Bush’s argument is the burgeoning field of corpus linguistics, which entails the analysis of vast textual databases to discern the meaning of words and phrases as they were understood at the time of their inception. However, he recognized the current limitations of AI, including its susceptibility to errors and the risk of generating biased outcomes. Nonetheless, Bush remained optimistic about the future trajectory of AI, envisioning a scenario where technology aids originalist judges in deciphering the precise intent behind constitutional provisions.
In essence, Bush’s address heralds a new chapter in the intersection of law and technology. By embracing AI as a tool for historical analysis, conservative jurists may find their adherence to originalist principles fortified, ensuring the longevity and relevance of their interpretive approach in an ever-evolving legal landscape.
