I know Scalia was supposed to be the “smart one”. Mostly because everyone kept saying so ( and he said so first, last and always). But I always thought RBG had Scalia by the intellectual (and legal) short and curlies.Coney Barrett on the late Justice Scalia: "His judicial philosophy is mine too." pic.twitter.com/H78z0oTAw3— Aaron Rupar (@atrupar) September 26, 2020
It was hard to argue with her reasoning, even when I disagreed. It wasn’t that hard to find the flaws in Scalia’s arguments. They were usually hiding behind his posturing. We need another Scalia on the high court like we need another Thomas. Then again the legal landscape is littered with Judges who deserved a place on that bench and never got it. And with judges on the bench who had no place there.
My judicial philosophy aligns with Learned Hand’s judicial realism, if only because he tried to make the law, not ideology, the center of a judge’s task. Scalia brayed about a silly idea of “original intent “ which somehow always lined up with his ideology.
The curious thing is, that quote at the top of my blog says the opposite of poverty is justice. That’s an idea rooted in the prophets, and the law of Moses and the teachings of Jesus. Ginsburg (the Jew) seemed to understand that concept far better than Scalia (the Christian). I make no judgement based on that, just an observation: as you are rooted, so will you grow.