Litigation

Before New Term, Justices Get Around

By Peter Hardin

Some of the Supreme Court justices have been all over the map recently.

In California, Justice Antonin Scalia spoke at the U.C. Hastings School of Law, and he had a few choice words about the Florida pastor who scuttled plans for a Koran-burning. Justice Scalia labeled pastor Terry Jones an “idiot,” according to a Contra Costa Times article, but said such acts are permitted under the First Amendment. “A lot of stupid stuff is perfectly constitutional,” he added.

Justice Scalia also discussed his view that the Constitution does not make sexual discrimination, or discrimination based on sexual orientation, illegal, the San Francisco Chronicle reported.

Justice Clarence Thomas addressed University of Tennessee law students. Asked about the demographics of the current court, he said, “My concern would be the whole court’s from the Ivy League.” The justice continued, “I don’t like putting people in categories, but I do think there are more than two or three law schools in the nation,” according to a Knoxville News Sentinel article.

In a Washington Post article, Justice Stephen Breyer was interviewed about his new book (see Gavel Grab). One of its chapters deals with the method of constitutional interpretation that is closely associated with Justice Scalia, called originalism; Justice Breyer doesn’t agree with that approach.

“The court should reject approaches to interpreting the Constitution that consider the document’s scope and application as fixed at the moment of framing,” he writes. “Rather, the court should regard the Constitution as containing unwavering values that must be applied flexibly to ever-changing circumstances.”

A posting in the Wall Street Journal’s Law Blog asks, “Is Justice Breyer Emerging as New Leader of Liberal Bloc?”

Full post as published by The Gavel on September 20, 2010 (boomark / email).