Good for him. I never agreed with his intention-based approach regarding equal protection (see here) so his embracing the text and underlying principles is pleasing.
Dave
Dave is a part-time blogger that writes about whatever suits him at the time.
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on Columbia, Mahmoud Khalil, and Protest ExpectationsI've mentioned this previously but by formulating the protests around "Anti-Zionism" and "settler-co…
on Columbia, Mahmoud Khalil, and Protest Expectationsisn’t that the grade that counts?
on Columbia, Mahmoud Khalil, and Protest ExpectationsGrading your own papers?
on Columbia, Mahmoud Khalil, and Protest ExpectationsPhilip: If the political speech of neonaz.is is protected by that constitution (and they are direct…
on Columbia, Mahmoud Khalil, and Protest ExpectationsSo you agree that political speech the president doesn’t like is grounds for expulsion? Weird flex b… on Columbia, Mahmoud Khalil, and Protest Expectationsif the israelis had shared what they knew he wouldn’t have gotten citizenship of any kind. his visa… on Recep Tayyip Erdoğan’s Problem: Himselfhey, jay. thanks for reading. i think you hit the vein. he’s been around a long time. on Open Mic for the week of 3/24/25Today’s Senate Intel Committee hearing revealed the Mid East envoy in the chat was in Moscow as it w…
on Open Mic for the week of 3/24/25I think it puts a message in the chat, though it's been a while since I added someone to a chat, som…
on Open Mic for the week of 3/17/25One has to wonder why we would _ever_ detain someone even if they did flatly say they were going to…
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Lovely and delightful decision. I am hopeful that we get more and more appeals to the 10th Amendment in the days, months, and years to come.
(I also hope the newfound fans stick around for a while… speaking of which, there was a Medical Marijuana raid in California earlier today.)Report
Loved “supposedly principled originalist like Antonin Scalia”, because it’s so true, and aqlso the implicit embracing of the notion of the living Constitution: its principles don’t change, but we find new ways in which they apply. Whether Madison would have approved of same-sex marriage (or interracial marriage, for that matter) is of no interest.Report
@Mike Schilling, I guess, maybe, I understand the conservative love for Scalia in the 80’s.
In recent years, however, it completely baffles me.
Raich v. Ashcroft gave him a choice between overthrowing Wickard and, to borrow a delightful phrase, punching a hippie.
He chose the hippie.Report
@Mike Schilling,
Scalia has referred to himself as a faint-hearted originalist, and I think he’s right because he is just as results-oriented as any liberal Living Constitutionalist.
the implicit embracing of the notion of the living Constitution: its principles don’t change, but we find new ways in which they apply.
The latter part describes originalism, not living constitutionalism. The principles are derived from the meaning of the text. Respect for text is respect for the written nature of the document and its inherent limitations.
Many of those principles can support unenumerated rights but the 1930’s Progressives would have none of that. When they were finally able to successfully argue that minimum wage laws were constitutional, they threw the whole notion of unenumerated rights under the bus in West Coast Hotel v Parrish.
Do you think it was the conservatives who first pulled that “I don’t see a right to X nonsense”?
There’s a reason I refer to the term New Deal Originalism.Report
And, for posterity:
reason.com/blog/2010/07/22/who-is-to-blame-for-the-deaReport