Monday, June 18, 2012

My Originalism depends on Who's the President?

"Strict Constructionist" and "original intent" adherer (according to himself) has a novel approach to literalism:
The justice, arguing that Supreme Court decisions are not merely “a technique for achieving ideological ends,” reportedly names various votes he has cast that contradict his policy preferences as a “confessed law-and-order social conservative.” His critics won’t be persuaded. “I have always had the impression that Justice Scalia’s primary approach to judging is political,” Tim Jost, a professor of law at Washington and Lee University, told TPM. “Therefore, he will interpret the Commerce Clause broadly to support federal laws he likes but narrowly to strike down those he doesn’t.” Indeed, Scalia left some wiggle room to change his mind back in the future. In the preface of his book, per the Times, Scalia adds that he “does not swear that the opinions that he joins or writes in the future will comply with what is written here,” in part because “a judge must remain open to persuasion by counsel.”
So, in short. Election Republican.

Republican does it, probably okay.

Democrat does it, no fucking way.

Yeah, model of judicial decorum.



Anonymous said...

Scalia is to jurisprudence what Bernie Madoff was to investing.

pansypoo said...

a fat finger on the scales of justice.