I just got the dreadful news that Justice Antonin Scalia was found dead, age 79, this morning at a Texas resort. The death of a great man is always a cause for sadness. The passing of Justice Scalia is more than that: it is a national tragedy. Of course, President Obama will nominate and try to force through a left-wing jurist to the Court. The Senate, with its Republican majority, ought to be able to defer the nomination until the administration of the next president. But note that the Senate majority leader is Mitch McConnell, not a man who is known to stand up to bullies. These are trying times for the republic. I hope my irreligious friends will forgive me for asking that we all pray for the country.
As it happens, I wrote about Scalia just a few weeks ago. I thought it might be appropriate to repeat what I said here:
January 3, 2016
“Thank God for Justice Scalia.”
I’ve often found myself muttering that exhortation in recent years. I repeated it last June, for example, when reading Scalia’s masterly dissent to Obergefell, et al. v. Hodges, Director, Ohio Department of Health, et al., the Supreme Court case that took the definition of what counts as marriage away from the states and delivered it into the hands of one man, Justice Anthony Kennedy, the Madame Blavatsky of the Bench. Kennedy looked into his crystal ball and determined that henceforth so-called “gay marriage” should be legal across the fruited plain. Why? Because, Kennedy wrote, “the Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.” Er, what? Had he written such nonsense, Scalia retorted, he would “hide [his] head in a bag.” “The Supreme Court of the United States,” he continued in what is one of my favorite legal footnotes, “has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”
Indeed. And Scalia was pointed as well as droll. You might think, or at least say when the children ask, that the United States of America is a democracy in which We, the People are sovereign. Ha, ha, ha. Really, Scalia pointed out, we are an extreme oligarchy in which “the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court,” all of whom went to Harvard or Yale. Feeling better?
And just yesterday, speaking at a Roman Catholic school in Metairie, Louisiana, Scalia pointed out that, contrary to some extreme secularists, government support for religion is not only justified by the Constitution but has throughout most of our history been the unspoken norm. Moreover, he argued, “one of the reasons” that the Untied States has prospered so mightily is that the American people have always done God honor. “God has been very good to us,” he said. “That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name, we do him honor.”