Scalia ... A Public Guy For Some Time
by
Joe_JP
05/10/2008, 2:02 PM #
As for the mostly bookish Supreme Court press corps, Scalia has excoriated us for an imagined tendency to reduce cases to conflicts between the "nice old lady" and the "scuzzy guy."
Ginsburg v. Scalia?
As to Scalia's recent media tour, it reminds me of precedents, like the Picket Fences precedent to the Boston Legal taking on the Supremes. Fred Friendly (IIRC / and others) used to moderate discussions with law types about constitutional issues that were aired on PBS stations and the like. Scalia took part in some of these discussions, even with the idea of some that judges shouldn't involve themselves with hypos outside of the court room.
He also put up his views of originalism and interpretation to criticism, his earlier book on his matter of interpretation having commentary from a historian, liberal lawyer and so forth, which he then responded to as well. This also is not exactly the same thing as being interviewed by a journalist (Rehnquist was interviewed by Brian Lamb of C-SPAN* in the promotion of his books, but not quite the same thing), but does show a willingness to put his views up to scrutiny.
[As to persuasion, Scalia appears so sure of himself that he figures that those who don't accept the obvious truth are boobs not really worth the effort. His friendship with Ginsburg suggests an ability to get past that on some level, but a "do what I say, not what I do" strategy should be part of the book Dahlia discusses here.]
His comments in public has received some rightful criticism, but I do commend him for at least voicing them openly. Cf. The secrecy of his pal Cheney and his bunch, secrecy that led to the promotion of various insidious legal doctrines.
-j
* It still amuses/amazes to think of some clips C-SPAN showed of past judicial nomination hearings, in honor of recent confirmations. One had Scalia smoking a pipe while answering his questions. Really. These days the likes of Eric Alterman calls Definitely, Maybe "cigarrette porn" for showing its main character smoking back in the early '90s and some groups want to make such films "R" rated.