"So even though he’s motivated by the opposite of empathy, Scalia is using the conservative crutch of “original intent” to do the exact same thing the right accused Obama of praising: reading in additional meaning that is not in the actual words. He may very well be right that the 39th Congress didn’t have women or gays in mind when they wrote the 14th, but so what? The text is what it is, and it says that all persons shall have “the equal protection of the laws.” Seems pretty clear-cut to me, but I guess the letter of the law only trumps the spirit when it comes to loopholes for corporate looters and big campaign donors."
http://firedoglake.com/2011/01/04/the-absurdity-of-originalism/ This entry was originally posted at http://bzero.dreamwidth.org/746303.html. Please comment there using OpenID.