February 16th, 2016


I was having a conversation with my walking partner, who is enough younger than me, and who has always lived where I live now, that she just doesn't remember the world before Lawrence. She wanted to know why I hated Scalia.

I read her some bits out of the wikipedia entry for Lawrence, and the case which it overturned. But really, Scalia _lost_ in Lawrence. His language was reprehensible, but it was the vicious carping of a losing team's leader.

Scalia didn't always lose. And when Scalia won, it persisted. And it will persist for a long time to come, in a way that threatens our democracy, because it eliminates one of the few routes around systemic abuse by those who really enjoy the status quo and don't want it to change. When the routes around abuse are foreclosed, revolution breeds.


I wasn't really expecting Bloomberg to cover this aspect of Scalia's legacy, but I'm glad they did. Because someone needs to start talking about this, and what we're going to do to start bending this curve back somewhat.