Sunday, July 29, 2012

Scalia sells books on Fox's Sunday politics show

He’s got a book out and the Fox Sunday morning show got an interview with him. In his first few sentences, he underscored my fundamental disagreement with his judicial philosophy. He said he’s an Originalist, meaning that he interprets laws in the context they were initially enacted. To clarify he said, he didn’t apply any “modern” norms or take into account societal changes since the time of the enactment of the laws the Court considers.

Which I guess is his definition of Conservative: that which exists must be preserved as-is; conserved. Which I obviously have a problem with, especially where society continues to evolve and half the court refuses to acknowledge that.

The Missus pointed out that, as an Italian, Scalia wouldn’t have been considered White by most of the people who passed the laws he’s so intent on preserving, and therefore wouldn’t have been allowed to be a judge at the time of their enactment. 

Guess he’s lucky society changed while he wasn’t on the Court, eh?

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