The Weak Reed That Is Antonin Scalia
Bill Quick

Homer nods in EPA v. EME Homer City Generation

This is not the only problem with Scalia’s dissent.  I was also struck by his opening complaint that Too many important decisions of the Federal Govern­ment are made nowadays by unelected agency officials exercising broad lawmaking authority, rather than by the people’s representatives in Congress.”  I agree with that sentiment, but Scalia may have done more than any other current justice to make that a reality.  See, for example, his opinion in City of Arlington v. FCC, which authorizes agencies to determine the scope of their own regulatory authority if Congress has been insufficiently clear in defining statutory limits.  But that’s a subject for another day.  For now, I’ll stick to noting Scalia’s embarrassing mischaracterization of the issue in American Trucking.  Homer nods.

Scalia is more than willing to forget his originalist principles when they conflict with his statist preferences.


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Bill Quick

About Bill Quick

I am a small-l libertarian. My primary concern is to increase individual liberty as much as possible in the face of statist efforts to restrict it from both the right and the left. If I had to sum up my beliefs as concisely as possible, I would say, "Stay out of my wallet and my bedroom," "your liberty stops at my nose," and "don't tread on me." I will believe that things are taking a turn for the better in America when married gays are able to, and do, maintain large arsenals of automatic weapons, and tax collectors are, and do, not.


The Weak Reed That Is Antonin Scalia — 1 Comment

  1. That’s hardly a distinction, of course – on today’s roster of Supremes, to the oft-limited extent that an “originalist” bent may be detected, most of the Black Robes appear to have an annoyingly strong tendency to ditch originalism in favor of statism pretty quickly.

    As for Scalia, as you make reference to, weak reeds always bend to their own “special” breeze…

    Some of them clearly – *koff*a Wise Latina*koff* – have no detectible “taint” of originalism to begin with, worshipping at the “Living, Flexible-Meaning Constitution” altar – so, there’s that.