Tag: Sandra Day O’Connor

Affirmative Action Baby

This is last of my 3-part series on Justice Scalia, Diva of Disdain.  Part 1 is here; Part 2 is here.  The introduction is here. • • • • • In the United States, Tocqueville observed, a federal judge “must know how to understand the spirit of the age.” While the persona of a Supreme Court Justice may be “purely judicial,” his “prerogatives”—the power to strike down laws in the name of the Constitution—“are entirely political.” If he is to exercise those prerogatives effectively, he must be as culturally nimble and socially attuned as the shrewdest pol. How then to explain the influence of Scalia? Here is a man who proudly, defiantly, proclaims his disdain for “the spirit of the […]