Supreme Court Justice Antonin Scalia admitted his approach to jurisprudence was less than perfect, but he asserted it was better than any of the alternatives.
And I love the idea of "tension" in terms of Scalia's many judicial interpretations. And if I see one consistency running throughout the four you outline here, it is that none of them are of the "my heart tells me this is the way to go, and I want glowing reviews in the New Yorker and Atlantic and a commemorative issue about me in Time."
My father used to say the real reason that Ted Kennedy so despised the idea of Robert Bork getting on SCOTUS had less to do with his unhinged, deliberate misinterpretations of his decisions, but rather by having both Scalia and Bork together would provide such weight against the living constitutionalists would lead to judicial routs. So even inadvertently Scalia may have been the driver of the hysteria that surrounds the court, especially in an era of supine and silly Congress.
And I love the idea of "tension" in terms of Scalia's many judicial interpretations. And if I see one consistency running throughout the four you outline here, it is that none of them are of the "my heart tells me this is the way to go, and I want glowing reviews in the New Yorker and Atlantic and a commemorative issue about me in Time."
My father used to say the real reason that Ted Kennedy so despised the idea of Robert Bork getting on SCOTUS had less to do with his unhinged, deliberate misinterpretations of his decisions, but rather by having both Scalia and Bork together would provide such weight against the living constitutionalists would lead to judicial routs. So even inadvertently Scalia may have been the driver of the hysteria that surrounds the court, especially in an era of supine and silly Congress.