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Originally Posted by Jim in CT
Can you cite an example of conservative activism on his part? If one says "the Constitution is what it says, and nothing more", how is that right-leaning, unless you concede that it's the liberals who are more likely to try to ignore the constitution to further their agenda - a notion I wholeheartedly agree with. But it's conceivable that a uber conservative could be a fascist, in which case I still want a guy like Scalia to reign that person in.
Scalia has said that his personal views are conservative, but he doesn't advocate that way when deciding cases. I am no expert, but I wonder what true right-wing advocacy you'd find in his legal opinions.
If Obama nominates a moderate, the Senate should consider that person. Trouble is, to Obama, Josef Stalin is a moderate. That's what you get from a guy whose spiritual advisor is Rev Wright. Sonja Sotomayor wrote somewhere that in her opinion, a Latina female, because of her life experience, can reach superior legal opinions than anyone else. That bigoted sentiment would rightly preclude her from serving in jury duty, yet there she is on the highest court in the land, for the next 4 decades. She also had multiple opinions get reversed in higher court (Bork had none).
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No, I'm not a legal scholar, and don't claim to be one. I think from what I recall, as I'm not getting into a long pissing match today and looking this up, were his Heller opinion was a more conservative interpretation of the Constitution, and I feel the same about his recent comments on affirmative action. I also recall some pretty Conservative (respectfully, I am sure rooted in his faith) opinions regarding DOMA. You can think he had legal opinions not based in a conservative interpretation of the Constitution, but you are a conservative, so I'm not sure how objective you are being on it, just like I as a liberal sees him as conservative.
If rumors were true, and the Indian-American who I mentioned above were nominated, he seems at first glance to be a 'moderate'
I think it will be interesting, and ugly moving forward. Obama will nominate someone, and the Senate should to do their job, even if that means not appointing anyone, and we'll see how it plays out.