It's the same BS that got us out of control qualified immunity, just because a court hadn't already found that the precise way a cop/government official violated your rights was a violation of your rights they couldn't be charged for it. [0] More conservative justices love originalism because it lets them just throw back to the decisions of a more backwards time and say, 'well we have to respect their direct explicit intent' [1] it's a convenient way to not move forward.

[0] Never mind that it also expects the existing case to be /exactly/ the same situation.

[1] Often just what anyone appealing to originalism wants them to have intended.