(I almost regret writing this post because it took a lot longer to write than I expected and I am afraid that I have ventured too deeply into unfamiliar territory. But having expended so much time and effort on this post, I must admit to being curious about what people will think of it.)
I resist the temptation to comment on Justice Scalia’s character beyond one observation: a steady stream of irate outbursts may have secured his status as a right-wing icon and burnished his reputation as a minor literary stylist, but his eruptions brought no credit to him or to the honorable Court on which he served.
But I will comment at greater length on the judicial philosophy, originalism, which he espoused so tirelessly. The first point to make, in discussing originalism, is that there are at least two concepts of originalism that have been advanced. The first and…
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