The Delightful Scalia

In 2018 I read an old book of miscellaneous addresses and essays by my favorite Canadian curmudgeon Robertson Davies called The Merry Heart (1998 [amazon]), and in previous years enjoyed similar compilations of material from Neil Gaiman (The View from the Cheap Seats, 2016 [amazon]); and Neal Stephenson (Some Remarks, 2012 [amazon]).

Scalia SpeaksThis year’s delight is certainly going to be Scalia Speaks (2017 [amazon]), a compilation of speeches by the late justice known for his staggering erudition, his biting wit, and his personal warmth. One of his sons (Christopher J. Scalia) and one of his former law clerks (Edward Whelen) have chosen and introduced a number of addresses given on many occasions. They are marvelous! Scalia’s good friend and fellow justice, Ruth Bader Ginsburg (Notorious RBG herself) wrote the forward.

Here are a few tidbits:

Continue reading The Delightful Scalia

The conscience of the Court

Critics of Justice Scalia often accused him of inconsistency. And insofar as he was a methodological originalist he sometimes was inconsistent. But I think the heart of his jurisprudence was disciplinary originalism, and with his death the most powerful embodiment of that vital principle was lost. I do not think we shall look upon his like again. And that means that our Supreme Court will continue to make the kinds of decisions it has been making for decades, but will have no one on its bench to remind it of what it’s really doing. Antonin Scalia was the conscience of SCOTUS, and I don’t see how it’s going to get another one.

Alan Jacobs, “Scalia and Disciplnary Originalism,” The American Conservative (Mar. 7, 2016) [link].

Jacobs makes the point that if we want the Constitution to mean anything at all in our conversation, we have to allow it “to speak” to us.  There is a followup at [link].