Originalism

Protesting Justice Scalia at Wesleyan.

Yesterday I wrote about Justice Antonin Scalia delivering the distinguished Hugo Black Lecture at Wesleyan University. In my write-up of Justice Scalia’s remarks, I alluded to campus protests held immediately prior to the speech. These protests, by a group calling itself the “Scalia Welcoming Committee,” were styled “Occupy Scalia” (a somewhat unfortunate moniker, in my view.)

I took some photographs and video footage of the protestors. Check these people out….

double red triangle arrows Continue reading “Justice Scalia at Wesleyan: Now With Photos and Video”

Sign up for the Above the Law newsletter

Subscribe to our free daily email and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more.

Justice Scalia speaking last night at Wesleyan University.

Last night, Justice Antonin Scalia delivered the prestigious Hugo Black Lecture at Wesleyan University, speaking in the university’s Memorial Chapel before a packed house. Wesleyan is an uber-liberal school — the basis for the movie PCU, about a very Politically Correct University — and Justice Scalia’s visit was preceded by campus protests (dubbed “Occupy Scalia”). But I was pleasantly surprised by how respectful and appreciative the audience was of Justice Scalia’s deeply thoughtful and persuasive remarks; the protests during his speech were minor and clustered near the end.

I trekked up to Middletown from New York City to attend the lecture. What did Justice Scalia have to say? And what did the protests entail?

double red triangle arrows Continue reading “Justice Scalia Goes to Wesleyan”

Clarence Thomas set the table for the tea party by making originalism fashionable again.

Berkeley Law professor John Yoo, in an interesting Wall Street Journal piece discussing how his former boss, Justice Clarence Thomas, has defended the Constitution and embraced originalism during his twenty years on the high court.

I think [New York pizza] is infinitely better than Washington pizza, and infinitely better than Chicago pizza. You know these deep-dish pizzas — it’s not pizza. It’s very good, but … call it tomato pie or something. … I’m a traditionalist, what can I tell you?

— Justice Antonin Scalia, in an interview with California Lawyer magazine (via Josh Blackman, who identifies additional highlights from the interview).

The drafters could have written the Constitution as a list of specific rules and said, “That’s all, folks!” Instead, they wrote a document full of broadly written guarantees….

– Time magazine columnist Adam Cohen, criticizing Justice Antonin Scalia’s approach to constitutional interpretation. (Gavel bang: Dahlia Lithwick.)

(Please note that Quotes of the Day are selected for being interesting, thought-provoking, or funny — not because we necessarily agree with them. Personally I’m inclined to the view that originalism isn’t perfect but is probably better than any of the alternatives.)