Thursday, June 25, 2015

Justice Scalia as Stylist

Mark Tushnet

This is simply to record my view that, contrary to the seemingly widespread view that Justice Scalia is a splendid stylist, his snarkiness is getting tired. (And, as pointed out here, it's not obviously to his benefit. When he asked at the oral arguments in the marriage-equality cases exactly when did the Constitution make marriage equality mandatory, I thought the right answer was, "Why, on June 26, 2003, when you said in your dissent in Lawrence v. Texas that that decision necessarily implied that laws against same-sex marriage were unconstitutional.")

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