Dear Justice Scalia

Things have been a bit crazy this week, so I won’t take up too much of your time. I would like to point out that you seem a little unclear on the concept of “rights.” Rights are not something that are granted selectively by legislation. Those are “privileges.” Rights are for everyone, and a big part of your job is to prevent legislation from selectively denying them to certain targeted groups.

What this means is that the “will of the people” means squat when discussing rights. In a democracy, it’s easy for the majority to pass laws that discriminate against everyone else. That’s the one of the big structural problems with democracy and it’s why we have a constitution and a judiciary to prevent legislative abuses. You’re supposed to be a big part of this system. Checks. Balances. I’m sure you know the drill.

Seeing you react like a petulant child when five of your colleagues did their job properly and struck down openly-discriminatory legislation was disappointing. I would say it was “ironic” because, you know, you’d exercised precisely the powers you claimed the court didn’t have earlier in the week in when you neutered the Voting Rights Act.  But it wasn’t really “ironic.” The only consistent legal principle one can discern from your voting record is a partisan one, and lord knows your team will benefit from making it harder for certain demographics to vote.

I understand that, thanks to the lifetime appointment, you’re not accountable to anyone and you’ve been taking advantage of that a lot recently. You’ve been coasting, and that’s Thomas’ job. I’m not asking that you resign; merely hoping that you’ll start taking your job a little more seriously and stop the “obvious troll is obvious” routine. You used to be better than that.

Somewhat Respectfully,

WTF Pancakes

 

 

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