Jeffrey Toobin on Justice Scalia
The New Yorker
"Scalia described himself as an advocate of judicial restraint, who believed that the courts should defer to the democratically elected branches of government. In reality, he lunged at opportunities to overrule the work of Presidents and of legislators, especially Democrats. Scalia helped gut the Voting Rights Act, overturn McCain-Feingold and other campaign-finance rules, and, in his last official act, block President Obama’s climate-change regulations. Scalia’s reputation, like the Supreme Court’s, is also stained by his role in the majority in Bush v. Gore. His oft-repeated advice to critics of the decision was 'Get over it.'”
"Not long ago, Scalia told an interviewer that he had cancelled his subscription to the Washington Post and received his news from the Wall Street Journal, the Washington Times (owned by the Reverend Sun Myung Moon’s Unification Church), and conservative talk radio. In this, as in his jurisprudence, he showed that he lived within the sealed bubble of contemporary conservative thought."
"But even though Scalia led a conservative majority on the Court for virtually his entire tenure, he never achieved his fondest hopes—thanks first to O’Connor and then to Kennedy.
Roe v. Wade endures.
Affirmative action survives.
Gay rights are ascendant; the death penalty is not.
(These positions are contingent, of course, and cases this year may weaken the Court’s resolve.)
For all that Presidents shape the Court, the Justices rarely stray too far from public opinion. And, on the social issues where the Court has the final word, the real problem for Scalia’s heirs is that they are out of step with the rest of the nation.
The public wants diversity, not intolerance; more marriages and fewer executions; less money in politics, not more.
Justice Scalia’s views—passionately felt and pungently expressed though they were—now seem like so many boats against the current, borne back ceaselessly into the past. ♦
It is the endurance reflected in the above issues, despite Scalia, Thomas and Alito, that has so many TeaPublicans wailing and gnashing their teeth and declaring that America's greatest days are behind us. They see progress in tolerance and in social programs as End Times for America.
America is moving forward, progressing, and they're being left behind. That's what all their unhappy "argle-bargle" is about.
The Trumper put out a "classy" tweet about President Obama not attending Scalia's funeral, questioning President Obama's Christian faith:
We should note here that the Trumper did not attend Scalia's funeral either. We wonder if the Trumper would have attended the funeral of Justice Scalia if it were held in a gambling casino? Very sad that Trumper did not go!