With his own claims to originalism fading fast, Scalia suggests liberal judicial activism, practiced by some of colleagues on the Court, is part of what brought about the Holocaust in Nazi Germany. The speech was an address to the Utah State Bar Association.
From the Aspen Times …
Scalia opened his talk with a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble.
So far I have not seen any other press accounts of this speech, let alone a transcript. If you see more can you send me an email at our main email address at the upper right?
