Justice Scalia contends his judicial philosophy is one of strict construction, adherence to the constitution’s original intent. To his thinking, he is not an activist. Yet in one week, Justice Scalia cited precedents of international law, reminded America the movement of free blacks were once regulated by states, wrote of immigration’s “evil effects,” weighed in from the bench on the President’s policy and budget, and argued in a dissent, states have a sovereign right to establish immigration policy.
The Court was on its best (some say worst!) behavior in deciding the ACA case. Peer around the corner to Arizona v. US, and the full display of the Court’s rulings and dissents show an unprecedented eagerness to be active and engaged in resetting American politics, government’s powers, and the social contract.
The Court’s final decision last week struck down the Stolen Valor Act, the law aimed at those who lie about receiving military honors. Conservatives have ignored this ruling that says such lies are protected as free speech (no injury to the military or real medal honorees), showing how narrowly focused is their ideology. However the Courts decide, conservatives and Republicans continue to show it’s not about right, morally or politically; it’s about ruin.