Politics, War on Terror

Scalia Out

Via Sullivan, we find Antonin Scalia citing Jack Bauer in arguments about torture.

I used to like Scalia, back before I was a Commie Fag Junkie Liberal Bedwetter (that being the moniker currently applied to people who believe in the Constitution, balance of powers, small government, free trade and rule of law). But he’s been going further and further off the deep end. In the past few years I’ve heard him:

  • Argue that “cruel and unusual” punishment can only be applied to something considered cruel and unusual in 1783
  • Overturn the exclusion rule because “new professionalism” means we can just trust cops not to violate our rights.
  • Side with the government in the Raich decision, arguing that marijuana is “inextricably linked” with interstate commerce.

    • He still occasionally does things right. But it’s becoming clearer to me that Scalia is, like most judges, looking at issues backward. He decides his views, then wrestles the law and the Constitution into compliance. And increasing, his views are getting bizarre.