Gadol, to be fair to Scalia, idea of originalism is of strict interpretation of written law based on narrow role of Supremes in American Republic. Population is free to make new laws, make Constitutional amendments disregarding Scalia’s opinion. He is simply against unelected judges making those non-democratic decisions. Things are harder to change in the Torah, as voting has only limited role (it does have some veto power: gezerot midrabanan were given a year to see of people accept them, and rescinded if not, like shemen goyim)
Still, people like R Akiva were ready to be activist judges, claiming (in theory) that he will find defense against any capital punishment.