I'm not particularly a fan of Scalia, but I recently watched an interview with him (Piers Morgan, 2013) where I think he explained his approach eloquently: https://www.youtube.com/watch?v=it7sN2jqpNs
Still, I think the "coincidence" of rulings that happen to agree with personal beliefs is hard to ignore. But this isn't limited to Scalia at all, but seems to be a "feature" of (almost?) all human psychology. I thought this New Yorker story captured it well:
Yet, if a textual interpretation can be so altered by a
single vote as to mean exactly the opposite of what it had
officially been thought to mean, then surely it seems less
like a disinterested interpretation than like a
passionately held opinion trying to pass as a disinterested
interpretation. If four English professors, readers of “The
Pickwick Papers,” held that Mr. Pickwick was meant to be
the embodiment of intrinsic evil, and four others that he
was the embodiment of bourgeois benevolence, we would not
say that the solution was to add a ninth English professor.
We would say that they were making incompatible readings of
the same text because of strong and irreconcilable
differences in values and beliefs and expectations. We
would recognize that the difference must lie less in the
words of the text than in the mind of the reader. (To be
sure, English professors sometimes do argue in this way—but
that is why David Lodge and Malcolm Bradbury write comic
novels about them.) A form of reasoning that can produce
such directly opposed results certainly looks like a kind
of rationale-seeking in the guise of reasoning.
I remember the day that I realized adults could be wrong: it was while reading a book on pubescence (I had questions, and was a nerd). What the book said directly contradicted what I had experienced (book said no such thing as 'blue balls' and after having experienced them, I had to disagree). It's been a long process since then of learning to discern what is opinion vs what is fact. It's not surprising that Justices should judge based upon their own personal experiences. Things are sometimes less 1/0 than we would like them to be. This does become a problem when we are talking about such things as rights - if they are open to interpretation, then they can be interpreted away, and are no longer rights, but privileges.
"Still, I think the "coincidence" of rulings that happen to agree with personal beliefs is hard to ignore."
Scalia ruled against his personal beliefs on numerous occasions, most famously in his two opinions upholding the constitutionality of flag burning. “If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag, but I am not king.”
He also wrote the majority opinion in the case holding that video games were entitled to First Amendment protection, a dissenting opinion arguing against warrantless collection of DNA swabs, and many other prominent civil liberties cases.
He was quite consistent in that he believed the federal government had precisely those powers specified explicitly in the Constitution, and no others. His personal opinion generally didn't enter into it.
Anybody who thinks he can take a centuries old document and claim that he knows its one and only meaning is just dishonest. That applies for the US constitution and most religious books.
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[ 4.4 ms ] story [ 29.2 ms ] threadStill, I think the "coincidence" of rulings that happen to agree with personal beliefs is hard to ignore. But this isn't limited to Scalia at all, but seems to be a "feature" of (almost?) all human psychology. I thought this New Yorker story captured it well:
http://www.newyorker.com/news/daily-comment/lessons-for-the-...It's a scary world out there...
Scalia ruled against his personal beliefs on numerous occasions, most famously in his two opinions upholding the constitutionality of flag burning. “If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag, but I am not king.”
He also wrote the majority opinion in the case holding that video games were entitled to First Amendment protection, a dissenting opinion arguing against warrantless collection of DNA swabs, and many other prominent civil liberties cases.
He was quite consistent in that he believed the federal government had precisely those powers specified explicitly in the Constitution, and no others. His personal opinion generally didn't enter into it.