Monday, February 21, 2011

Justice Scalia's Brand of Originalism

I've started a series to handicap Obamacare in the Supreme Court.  I explained in a general way in the first post why I'm much more worried than many conservatives, and then examined Justice Thomas's likely vote in a follow-up post

I'm planning on going through each of the justices in the same way as I did Justice Thomas, but with very long work days lately its slow going.  I've at least started to work on Justice Scalia, and thinking about him has gotten me off onto another train of thought about the different kinds of ways that judges may be conservative.

Here's a good paper I came across from Randy Barnett, a law professor who in a lot of ways has been huge in the fight against Obamacare.  He talks about Justice Scalia's particular way of being a judicial conservative.  In the long run, I think the legal fight over Obamacare is a good opportunity for conservatives to think more carefully about exactly what they want in a judicial conservative.

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