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 Fear and Loathing in Aisle Eightindeed there are. Mine even goes so far as to resist the making of lists. IF she shops, she often wa…
on Fear and Loathing in Aisle EightYou mean there are wives that haven't used online services to arrange all family shopping needs into…
on Fear and Loathing in Aisle EightThat looks awesome. Too bad my wife has a high resistance to doing stuff electronically -- this woul… on Fear and Loathing in Aisle EightApparently.
on Fear and Loathing in Aisle EightGet the OurGroceries app and share it across your various devices with other family members involved…
on Iran and Israel, and What Comes NextI have a feeling that Persian culture also puts great stock in face.
on Fear and Loathing in Aisle EightAt least you knew what specific items you were getting and you didn't have to do the "Mr Mom" thing…
on Fear and Loathing in Aisle EightDo people really find grocery shopping that hard? on Iran and Israel, and What Comes NextAlso I believe that the Iranians are Persians not Arabs.
on Iran and Israel, and What Comes NextMaybe there ain't no solutions. Only outcomes.
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on Open Mic for the week of 4/15/2024
on Iran and Israel, and What Comes Next on Fear and Loathing in Aisle Eight on Iran and Israel, and What Comes Next on Iran and Israel, and What Comes Next
on Fear and Loathing in Aisle Eight on Open Mic for the week of 4/15/2024 on Fear and Loathing in Aisle Eight on Open Mic for the week of 4/15/2024 on Open Mic for the week of 4/15/2024 on Open Mic for the week of 4/15/2024 on Open Mic for the week of 4/15/2024 on Open Mic for the week of 4/15/2024 on Embassies, Attacks, and Iran on Open Mic for the week of 4/15/2024
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