6 comments

[ 4.4 ms ] story [ 29.2 ms ] thread
(comment deleted)
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.
http://www.newyorker.com/news/daily-comment/lessons-for-the-...
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.

It's a scary world out there...

"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.