One could not help but wonder what the late Justice Antonin Scalia would have thought of recent Supreme Court happenings.
While the late justice cannot speak for himself, his son, Christopher Scalia, believes his father would not have been surprised by the fight over now-Justice Brett Kavanaugh based on comments he made both publicly and privately to his son.
The document at the center of the debate when it comes to liberal and conservative ideologies on the Supreme Court is the Constitution.
From a conservative perspective, the document sets processes in place, though it gives Congress the ability to amend and adapt it as needed.
That adaption is done in the form of amendments to the Constitution and individual laws.
But to liberals, the Constitution is often treated as “living and breathing” document that is meant to change with the times — and that is where the fundamental disagreement lies.
Lost Their Way
Somewhere along the way, those sitting on the Supreme Court bench have allowed politics to get in the way of their decision making — and Justice Scalia recognized that in Roe v. Wade.
On this decision, the Justice Scalia stated: “A freedom-loving people respectful of the rule of law may be expected to let lawyers decide what a constitutional text means; but they cannot be expected to let lawyers decide what a Constitution ought to say.”
“The justices believed they were setting a contentious national issue,” the justice’s son added. “But they were doing nothing of the sort; they were inflaming it.”
Far too many judges these days think they know what the Constitution should say rather than what it actually says.
Christopher Scalia believes the appointment of Kavanaugh is one that will lead to a more originalist Supreme Court, but he also believes the overall transition will take considerable time, especially if the Democrats fight every appointment the way they did with Kavanaugh.
Hopefully, one day, Justice Scalia’s dream will come true and our Supreme Court will once again represent what our Founding Fathers imagined when they penned our Constitution.