Scalia was an advocate of constitutional interpretation called “originalism,” the idea that a judge should use the meaning of the words in the Constitution at the historic time in which they were written.
He ridiculed the idea of a “living” Constitution, that evolved with the changing of the times. He claimed that concept was an excuse for judges to impose their ideological views which is exactly what he himself did.
Herein are some Scalia quotes along with some commentary by others. This first one has to be a favorite:
Justice Scalia also appeared to have reservations about Brown v. Board of Education, which struck down segregation in public schools as a violation of the 14th Amendment’s guarantee of equal protection.
But for originalists, the Brown decision is problematic. The weight of the historical evidence is that the people who drafted, proposed and ratified the 14th Amendment from 1866 to 1868 did not believe themselves to be doing away with segregated schools.
In remarks at the University of Arizona in 2009, Justice Scalia suggested that Brown reached the right result as a matter of policy but was not required by the Constitution.
“Don’t make up your mind on this significant question between originalism and playing it by ear on the basis of whether, now and then, the latter approach might give you a result you like,” Justice Scalia said.
“Troposphere, whatever,” Justice Scalia replied. “I told you before I’m not a scientist.” Over a brief flutter of laughter from observers, he added, “That’s why I don’t want to have to deal with global warming, to tell you the truth.”
Found dead on Saturday, the longest-serving Justice on the current court was appointed by President Ronald Reagan in 1986 and was known as one of its most right-wing and regressive voices.
Roberts, Scalia, Alito, Thomas and Kennedy are florid traitors who have opened up the floodgates for total debasement of the political system. While Citizens United made it easier to funnel money from outside the US, today's McCutcheon decision will enable any wealthy person to funnel money from foreign people, companies, agencies and governments, including Al Qaeda, including BP, including North Korea and Iran and Israel, into any election.
The US has always had a corrupt system and the wealthy have always been able to buy influence legally and illegally. Now, the traitors in the supreme court have opened the floodgates and the flood will come from outside the US as well as from within.
There is no way to characterize the five justices as anything other than traitorous, psychopathic scum. They should be in jail, not re-making the laws of the land.
And if you are still under the delusion that electoral politics is the way to make change happen, the depth of your detachment from reality has just been made much deeper. It will take strong non-electoral actions by masses of Americans to undo what these traitorous psychopaths have done. Today we have seen true evil."
Justice Scalia was just as ready for combat outside the court. He relished debating his critics at law schools and in public appearances, although he sometimes displayed a thin skin.
He tired of questions about his prominent role in the court’s 2000 decision in Bush v. Gore, which ended a recount of the presidential vote in Florida and effectively decided the presidency for Republican George W. Bush. His response to those who raised questions years later: “Get over it.”
Using legislative history to interprete statutes was once the standard. But Justice Scalia claimed to oppose the practice, saying that only the words of the statutes matter, textualism, unless of course that produced an outcome against his own beliefs.
He wrote the 5 to 4 groundbreaking 2008 decision in District of Columbia v. Heller. He wrote that the Second Amendment protected a right to gun ownership that was unrelated to military service. According to Scalia's beliefs, one must suppose the words "A well regulated Militia" had no meaning when originally written in 1791.