In a forum with Reuters TV, Supreme Court Justice Antonin Scalia dismissed out of hand the notion that the Supreme Court has become politicized. He instead posited an alternative theory — that the Court’s polarization reflects the polarization of the legislature over the last several decades.
Neither I nor anyone of my colleagues votes a certain way because he or she likes this president or is a member of the party that president belongs to — I couldn’t care less who the president is. They vote that way because that’s who they are. They were selected because of who they are. So why should it be surprising that when you have a Democratic party which has been trying for years to appoint people who approve of Roe vs. Wade…why should it be surprising when the Democrats are doing that for 30 years at least and Republicans have been doing the opposite for 30 years, swearing that they’re going to appoint people who are not judicial activists or hew to the text, why should it be surprising that you end up with a court where Democratic appointees are quite different from the Republican appointees.
