How do you solve the problem of Scalia?

The law, lawyers, and the court.
March 30 2006 6:21 PM

How Do You Solve the Problem of Scalia?

The razor-thin line between obscenity and bad judgment.

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The editors at the Boston Herald then tried to amend their pleading, styling the late filing as within their right to "get the last word." Obliquely referencing the Fiore dissent, the Herald conceded that the gesture at issue may not have been obscene, but added—in what is surely dicta—"Maybe so, but it's still not something you'd do to your mother." They appended to the record the photographic evidence of the gesture in question and the testimony of the photojournalist who snapped the shot, to wit: "The judge paused for a second, then looked directly into my lens and said, 'To my critics, I say, 'Vaffanculo.' " The Herald helpfully translates, "(expletive) you."

Some folks on the political right are already in raptures about Scalia's "rare clarity." His kiss-off is even being spun, amazingly, as a justified response to an insulting attack on his religious beliefs. Scalia is once again the victim, it seems, of cunning liberal attempts "to make him into news." He is being stalked and baited by the liberal media in the hopes that he will say something that will result in a demand for his recusal in future cases. My God, but we liberal journalists are cunning bastards. We just won't stop hitting poor Scalia's fist with our enormous, spiteful chins.