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In a November oral argument about a California law restricting minors from buying violent video games, Justices Scalia and Samuel A. Alito debated whether the ratifiers of the First Amendment would have thought that it protected portrayals of violence.
“What Justice Scalia wants to know is what James Madison thought about video games,” and if “he enjoyed them,” Justice Alito said sarcastically. Justice Scalia shot back, “No, I want to know what James Madison thought about violence.” The dispute will be resolved in the opinion, to be issued later this year.
-- Jeffrey Rosen for The New York Times
It's been while since we've done something on the Supreme Court and originalism. Rosen gives a good overview, including the issue of whether conservatives, such as Scalia and Thomas, only truly favor originalism when it comes to Tea Pary-ish agendas and are willing to turn it aside if a liberal result would be more appropriately called for.
“What Justice Scalia wants to know is what James Madison thought about video games,” and if “he enjoyed them,” Justice Alito said sarcastically. Justice Scalia shot back, “No, I want to know what James Madison thought about violence.” The dispute will be resolved in the opinion, to be issued later this year.
-- Jeffrey Rosen for The New York Times
It's been while since we've done something on the Supreme Court and originalism. Rosen gives a good overview, including the issue of whether conservatives, such as Scalia and Thomas, only truly favor originalism when it comes to Tea Pary-ish agendas and are willing to turn it aside if a liberal result would be more appropriately called for.
