Wednesday, February 17, 2016
Speaking Ill of the Dead
Like me, Corey Robin has taken note of the hagiographic responses to the death of Antonin Scalia, often from surprising sources, and like me, he is not inclined to agree.
Scalia did not create and champion an important theory of constitutional interpretation, or really any theory at all. He just used whatever sophistry he could come up with to justify the conclusions he wanted to reach.
Those conclusions were to favor the powerful over the powerless, the oppressor over the oppressed. He was a raging bigot who actively promoted discrimination. He was a sadistic psychopathic who reveled in the execution of innocent people.
He was a vile and repulsive person. His death is the best news this country has had for quite a while. There, I said it.
Update: In case you don't think I'm qualified to say that Scalia did not, in fact apply any consistent theory of constitutional interpretation, but did whatever it took to reach the conclusion that favored his political allies, take it from Judge Posner, who is a real conservative.