lewrockwell.com / By Patrick J. Buchanan / February 16, 2016
It is a measure of the stature and the significance of Justice Antonin Scalia that, upon the news of his death at a hunting lodge in Texas, Washington was instantly caught up in an unseemly quarrel over who would succeed him.
But no one can replace Justice Scalia.
He was a giant among jurists. For a third of a century, he led the conservative wing of the high court, creating a new school of judicial thought called “originalism.”
But originalism is not conservatism, which, in the judicial era that preceded Scalia, often meant court decisions that “conserved” the radical social revolution Earl Warren’s court had imposed upon us.
Scalia believed in going back to the founding documents of the republic and discerning from them the original meaning and intent of the framers.
He would look at the purpose of the authors of the Constitution, the Bill of Rights and post-Civil War amendments, and conclude that it was an absurdity to discover there, or read into them, a constitutional right to have an abortion or to marry someone of the same sex.
The words Scalia used to ridicule such nonsense did as much to discredit majority opinions as did his dissenting votes.
Thanks to BrotherJohnF