This president’s day weekend I was off at the Southern California Writers Conference in San Diego, so I have been busy and light in posting. (The Conference was good, though I have gotten sick and missed the last day as I stayed home without appetite and with a light head.) I was at the conference when I saw the news appear on my phone that Scalia had died.
First I will not take in joy nor will I celebrate in any fashion his passing. His family, his friends, and those close him are in grief and to them I offer my sincere condolences.
I am relieved that he will no longer be influencing the Court, though it would have been better for all if this result had come from retirement and tragedy.
Yes, he was a brilliant man and he was a complex man. (Through back channels advocating for Kagan to be elevated to the court alone shows that he was not a simple caricature of a right wing extremist.) However, his clearly displayed intellect made his failing as a justice even more plain.
He was not a champion of human rights and liberty, he was a champion of states right when the states acted in a manner of which he approved. If a state moved in a direction that he did not approve of, such as legalizing marijuana or legalizing assisted suicide then his used his considerable intelligence to craft logical arguments designed to arrive at his predetermined and desired outcome even if that flew in the face of his stated beliefs about states’ rights and such. To my eyes, he was not a principled justice, but one who consistently applied the power of government to compel his views on morality. I will not miss his voice denying individuals their liberty.
You are certainly welcome to feel differently.