April 13, 2004
I like Scalia
There, I said it. May the Georgetown gods strike me down on my left side as I enter campus this morning. I like Scalia. Said it again. It feels good.
Now for the qualification. It's not that I agree with his political views or the outcomes he prefers. Rather, I like Scalia because he is principled. I can disagree with him, but at least I know where he stands. Every opinion, concurrence, dissent he writes is consistent. Plain meaning, framer intent, historical practice, judicial restraint.
Take his scathing dissent in Dickerson where he chastizes the rest of the Court (including the Chief) for their inconsistency and for hiding behind semantic distinctions and rhetoric, rather than taking a stand and admitting they were wrong in the past. I respect that. Mind you, I also think Miranda is a valid decision. But, Scalia's reasons for wanting it overturned are compelling. He is principled.
He (and his clerks) are also consistently the best writers on the Court. "Nine-headed Caesar, giving thumbs-up or thumbs-down to whatever outcome, case by case, suits or offends its collective fancy." - It doesn't get much better than that.
I disagree with him, but I respect him. And the hate I have for him when he writes a scathing dissent against an issue I believe in comes not from the fact that I disagree with him, but from the fact that he's probably right.
Now for the qualification. It's not that I agree with his political views or the outcomes he prefers. Rather, I like Scalia because he is principled. I can disagree with him, but at least I know where he stands. Every opinion, concurrence, dissent he writes is consistent. Plain meaning, framer intent, historical practice, judicial restraint.
Take his scathing dissent in Dickerson where he chastizes the rest of the Court (including the Chief) for their inconsistency and for hiding behind semantic distinctions and rhetoric, rather than taking a stand and admitting they were wrong in the past. I respect that. Mind you, I also think Miranda is a valid decision. But, Scalia's reasons for wanting it overturned are compelling. He is principled.
He (and his clerks) are also consistently the best writers on the Court. "Nine-headed Caesar, giving thumbs-up or thumbs-down to whatever outcome, case by case, suits or offends its collective fancy." - It doesn't get much better than that.
I disagree with him, but I respect him. And the hate I have for him when he writes a scathing dissent against an issue I believe in comes not from the fact that I disagree with him, but from the fact that he's probably right.
