Scalia: Not As Originalist As He’d Like to Think

So, by now everyone knows that Supreme Court Justice Antonin Scalia died over the weekend. As is usual, everyone is rushing to the airwaves to talk about what a nice and brilliant person he was. Of course I don’t know him personally, but certainly his public personae were not so nice, and I don’t think his legal reasoning, considered by many to be smart and original (pun intended), was all that brilliant. It was merely partisan and theocratic. Scalia was not really interested in the original intent of the framers. He was interested in creating a facade of intellectualism around his rulings. His genius was not in a new form of thought around the Constitution, but in a way to package his rulings so that people thought they had a grand origin.

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