Judge Not Lest Ye Be Scalia

I’m continually amazed at why people are afraid “to call a spade a spade.” The Washington Post reported Supreme Court Justice Antonin Scalia recently rebuked the Courts ruling overturning anti-sodomy laws. He said jokingly that “sexual orgies eliminate tension and ought to be encouraged,” but said that judges and lawyers don’t “reflect the views of the people” and shouldn’t be deciding the morality of behavior. The article refers to Scalia as a “strict constructionist,” which on its face is idiotic. According to Wikipedia,

Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences.

If that isn’t a subtle form of judicial activism, I don’t know what is. The meaning of words change over time, so being a strict constructionist means that the laws change with the shifting sands of time.

I think it’s more likely Scalia’s just trying to justify his distain for gays and lesbians…

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s