The ABA Journal reports on his speech at the University of Richmond where he defended the idea of “originalism” which to some of us less brilliant folks can be translated as: words actually mean things.
He points out the founders of our Constitution clearly did not understand the Due Process clause to require gay marriage or abortion.
And then he warned about the alternative theory, the “living document” theory effectively allows “five out of nine hotshot lawyers to run the country.”
Ted Olson once understood that would wrong, but I guess when you are one of the hotshot lawyers it seems like an increasingly good idea. God bless Justice Scalia for resisting the temptations of power!