...Sunstein’s assessment strikes me as not merely wrong, but as the precise opposite of the truth. Scalia was not a great judge: he was a bad one. And his badness consisted precisely in his contempt for the rule of law, if by “the rule of law” one means the consistent application of legal principles, without regard to the political consequences of applying those principles in a consistent way.
One of Scalia’s many obnoxious qualities as a jurist was his remarkably pompous, pedantic, and obsessive insistence that the legal principles he (supposedly) preferred – textualism in statutory interpretation, originalism when reading the Constitution, and judicial restraint when dealing with democratically-enacted legal rules – were not merely his preferences, but simply “the law...”
Thursday, February 18, 2016
Scalia was an intellectual phony: Can we please stop calling him a brilliant jurist? - Salon.com