Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice

Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice | Kevin A. Ring | Timely and insightful

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	Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice Kevin A. Ring Regnery Publishing, Inc., 2004 - 256 pages average customer review:based on 17 reviews view larger image
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highly recommended

Surprisingly delightful reading. Important Constitutional reasoning that everyone should read.

You might think that reading opinions from the Supreme Court to be deadly dull, hard to understand, and unrelated to our everyday lives. While it may be true of some justices (maybe most), it is not true of Justice Antonin Scalia. This writing is sharp, always witty, sometimes laugh out loud funny, and intellectually and philosophically delightful.

Here we get a chance to read his dissenting opinions on cases involving the separation of powers, race, abortion, death penalty, religious freedom, gender equality, free speech, non-speech and unfree speech, homosexuality, and issues concerning other rights. Since so many opinions from federal courts and especially the Supreme Court seem to be an expression of preferences and sham legal reasoning to justify the approach, it would be easy to believe that these are merely writings of conservative opinions that simply disagree with the majority in a desired outcome. However, that is not Scalia's philosophy or approach.

He believes that the Supreme Court is not the arbiter of American values. The people are. Their voice is the representative branch and the executive branch of the government. The job of the courts is to enforce the laws and reject only those that run afoul of our written Constitution. If a law violates cultural sensibilities, they have a recourse to change the laws by persuading others and electing representatives that share their views. I believe this to be correct and quite persuasive.

So, for example, if Roe v. Wade were overturned it would not outlaw abortion. In fact, the Supreme Court would have nothing to say about it. Each state could vote its own approach. Most of the problems with the courts today are their politicization because they have wandered into the fever swamps of politics rather than remaining in their Constitutional role of interpreting written law and protecting the Constitution.

This is a great book to read and can make an important contribution to our civic education. I hope everyone reads it; especially young people. Adults should read it and discuss it with their children as part of the educating of the next generation. It will also give you strong material in your discussions with your friends who belong to the "living Constitution" wing.

Great job!

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Timely and insightful

Kevin Ring delivers the goods in this excellent book. Ring brings Scalia to life with wit and a deep understanding of the Constitution. You don't have to be a lawyer to enjoy this book! Makes the often mysterious intricacies of the Supreme Court understandable and accessible. With the Supreme Court on the front pages, this is an excellent time to buy this book and read it.

In His Own League

Justice Scalia famously wrote that: "This Court seemed incapable of admitting that some matters - any matters, is none of its business." The Court's amateurish performance in Martin vs. PGA Tour was a case in point, where a bad law (ADA) was made worse by a muddled interpretation, where seven Justices of the highest court tried to adjudicate what is "essential" to a game of Golf!

In Morrison vs. Olson, Justice Scalia wrote a lone dissenting opinion that is long and spirited. Its brilliance only came to light when his haunting predictions came true over and over again - to the point that Congress eventually had to let the statute (of the appointment of the Independence Council) lapse. Re-reading Scalia's dissent is indeed instructional - you get to appreciate why the doctrine of separation of powers is central to the protection of freedom.

The above are just two of the many memorable opinions (both dissenting) by Scalia that are part of this book's collection. I don't always agree, in moral terms, with the legal outcome of his analyses, but I must say that he is true to his duty of protecting and defending the Constitution. His opinions are direct, persuasive and witty (which makes them fun to read), and his analyses bear an imprint of exceptionalism.

History will enshrine Scalia as perhaps the most brilliant justice who has ever served.

This book is not for everyone. It does require an intense interest in constitutional law on the part of the reader, and considerable concentration, to get the full benefit of the book. If my review here has motivated just one more person to read this fine book, I am gratified.

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Scalia dissents

a great book and a great read for anyone who is interested in what is really happening in the highest court in the land

reviews: 1, page 2, 3, 4

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