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
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on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionSticking with where I was in October. Democratic House, odds 90% it is 5 seats or fewer, 10% 5-10 se…
on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionNC was a last minute move for me. People with some familiarity with the state are telling me that al…
on Mindless Diversions Extra: The Audience That Wasn’t ThereAnd, finally, one last final final final update: BREAKING: Sony is shutting down Firewalk Studios, t… on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionPart of the problem is that I look and I see fifteen different outcomes and each of the fifteen is e… on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential Election"Who the hell is Harambe?" on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionI read it. I rarely comment. I suppose I should use it as my cat picture dump.
on Final Thoughts Before November FifthSelzer did an interview with CNN after Trump attacked her. I'm paraphrasing, but she had several goo…
on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionBasically where I am. Maybe swap PA and NC.
on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionDo you think so? I don't. The 13-state West consists of Alaska, Arizona, California, Colorado, Hawai… on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential ElectionDidn't know you were on Bluesky.
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on Open Mic for the week of 10/28/2024 on The Joy Of Opening Time Capsules: The Night Before the 2024 Presidential Election
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