My tutorial on when to arrive at the Court is now live at Above the Law:
I needed clarity—a bright moral line—to cut through my sleepless haze and save my principles from ATL’s temptation. I needed Justice Scalia.
But Justice Scalia, only hours before, killed his credibility when he openly embraced “substantive due process,” the living constitutionalists’ darling device for abortion- and gay-rights, rather than face the liberal consequences of an originalist reading of a resurrected Privileges or Immunities Clause of the Fourteenth Amendment.
That sealed it. If Scalia could imperil his legacy for the sake of convenient results, then so could I.
Read the rest at Above the Law. Part II will be up over there next week.