Antonin Scalia’s legacy and the Amy Coney Barrett hearings
CNNCNN — Antonin Scalia, the late Supreme Court justice known for his rigid conservatism and wicked turn of phrase, might appreciate that his specter lurks over the Amy Coney Barrett hearings. … A judge must apply the law as written, not as the judge wishes it were.” At the White House on September 26, Barrett said of Scalia, “His judicial philosophy is mine too.” Tuesday, Barrett emphasized, however, that she would not be a carbon copy of the late justice. “I want to be careful to say that if I’m confirmed you would not be getting Justice Scalia, you would be getting Justice Barrett,” she said. Scalia derided the reasoning of Justice Anthony Kennedy’s majority opinion in Obergefell v. Hodges, particularly its opening references to liberty, and had this jab for the four liberals who formed the gay-marriage majority: “If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.