Sorry, this headline is beyond misleading, but I couldn’t avoid the imagery. NIno had this to say about originalism at an address at Wesleyan:
“The reality is that originalism is the only game in town,” Scalia said. “The only real, verifiable criteria that prevents judges from making the constitution [say] whatever they think it should say. Show Scalia the original meaning and he is prevented from imposing his nasty conservative views upon the people. He is handcuffed.”“The court held that it was unconstitutional to ban the burning of the flag,” Scalia said. “It was a five to four decision and I made the fifth vote. You should be in no doubt, as that patriotic conservative that I am, I detest the burning of the nation’s flag. If I were king, I would make it a crime. But as I understand the First Amendment, it guarantees the right to express contempt for the government, Congress, Supreme Court, even the nation or the nation’s flag.”
We’re all originalists now. It’s the only game in town!
And regarding Bush v. Gore, Get over it!
“Get over it,” he said.