Tell me honestly that you wouldn't completely freak out if there wasn't a single white Christian on the court.
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This is a AMAZING tweet, Dan. You've come through big time, my man.
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Richard SMASH
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Well, I guess that rebuts all of those arguments—and ascribing envy isn’t Bulverism huh? Btw, speaking of Scalia, do you think Smith v. Employment Division was correctly or wrongly decided?
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What, did the Great Man strike out just this once? But the method is never wrong, right? (You know who else thought that? George Lukacs! Funny how a Marxist theorist and Randy Barnett ended up in the same place.) Thats the thing—you can‘t concede legal realism, so you’re stuck.
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Brilliant refutation
Thanks. Twitter will use this to make your timeline better. UndoUndo
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There are a lot of reasons this is an odd argument. One of them is the implication that to do as Scalia did took genius. If originalism is as easy as it’s billed as being, it shouldn’t take a Mozart to make it look easy. There’s also the fact that Posner wiped the floor with him.
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This is a very generous appraisal by
@imillhiser of Scalia’s career written in the wake of his death. As Ian points out, when Scalia’s originalism led him to avoid the counter-majoritarian temptation it was valuable and had integrity. But he frequently ignored the method and - Show replies
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