Monday, February 15, 2016

Reflections on Justice Scalia

During his prime, Scalia was the most brilliant, articulate and witty Justice on the Court.  His majority opinion in D.C. v. Heller (holding that individuals not connected to militias have a right to keep and bear arms) is a tour de force.  Those who love freedom owe him a great debt. Justice Stevens'  dissenting opinion in Heller agrees that originalism is the proper methodology and that the right is a pre-existing one, but Scalia puts Stevens to shame.  Steven's opinion is embarrassing. 

In recent years, Scalia had slipped.  He has gotten snarky, off-point,  and too involved in the culture wars.  Like all the Justices, he seems to have gotten concerned with being a "celebrity." He wasn't as bad as some (e.g. Breyer) but it demeaned him in the eyes of many. 

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