Friday, March 11, 2011
"Antonin Scalia, approaching his 25th anniversary as a Supreme Court justice, has cast a long shadow but has accomplished surprisingly little. Nearly every time he has come close to achieving one of his jurisprudential goals, his colleagues have either hung back at the last minute or, feeling buyer’s remorse, retreated at the next opportunity."
I'm inclined to go further. It is becoming increasingly apparent that Justice Scalia's "originalist" jurisprudence is an intellectually bankrupt, outcome-determinative approach-- even to the mopes that use it to justify their reactionary positions. Regrettably, there remains a substantial bloc on the court who are fine with this, since it is, after all, reductionist, reactionary and outcome determinative.
I'm inclined to go further. It is becoming increasingly apparent that Justice Scalia's "originalist" jurisprudence is an intellectually bankrupt, outcome-determinative approach-- even to the mopes that use it to justify their reactionary positions. Regrettably, there remains a substantial bloc on the court who are fine with this, since it is, after all, reductionist, reactionary and outcome determinative.
// posted by Bill @ 7:59 AM 
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