I have to agree with Scalia’s take on the Constitution, but this article raises the broader question of, should a Supreme Court justice join the public debate? The institution is traditionally quite secretive.

I personally don’t see the harm in Scalia defending himself publicly, though it makes it clear (as if it wasn’t already) what biases he reads a case with. Justices are supposed to approach each case with an open mind, but we all know that an underlying philosophy of the law supports all decisions anyhow. Perhaps the best thing is to simply drop the facade.

Robert VerBruggen blogs at http://robertsrationale.blogspot.com.

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