Scalia: “Historians can bring before the court the facts,” but it is the court’s job to analyze those facts.

November 6th, 2011

“Finding out the meaning of legal texts is a classic judicial function,” he said.

Putting down the notion that history is irrelevant, the justice argued that, “the use of history is far closer to having the cure than the disease.”

I know historians disagree with Scalia, but really, unless a Justice (or 5) buys what a historian has to say, the historian isn’t worth much.