Unlike many of his colleagues, he really did understand there are three branches of government and that the Supreme Court ought to pay appropriate deference to men and women elected by the people. Justice Scalia’s withering critiques of untethered judicial activism will be read by law students for generations to come.
As it relates to our issues, it’s important to remember that Justice Scalia warned decades ago that a kind of judicial mission creep might lead a future Supreme Court to declare that lurking in the penumbras of the Constitution is a “right” to physician-assisted suicide. Which, of course, is but one reason the kind of jurist who will be his eventual replacement is so important.
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