In the New Republic, Leon Wieselter writes about Justice Scalia, and I like what he says.
The morning’s disputations confirmed me in my view of Antonin Scalia’s lack of intellectual distinction. He is very smart, of course; but now he shows only the brilliance of a perfectly settled perspective. I have been an amateur but diligent reader of his opinions for many years, and increasingly they seem like op-eds in robes. Scalia does not recognize the difference between a denunciation and a demonstration. At the court last week, he dripped certainties. “Government draws its authority from God.” “Our laws are derived from God.” “The moral order is ordained by God.” “Human affairs are directed by God.” “God is the foundation of the state.” These are dogmas, not proofs. Scalia simply asserts them and moves on to incredulity and indignation. But how does he know these things? Does he hold these opinions, all venerable ones, by the authority of his reason or by the authority of his tradition? If by the former, then he should do my reason the honor of giving an account of his reason, so that I might be able in good conscience to assent; and if by the latter, well, his tradition is not my tradition, and so his assurances do not compel me. Certainty, as Maimonides warned his student, must not come by accident. It is an insult to democratic discussion to introduce these doctrines without an accompanying sense of the obligation to argue for them. But Scalia dispenses with argument, he lives after argument; and in its happy sensation of its own rightness, life after argument is very much like life before argument. Scalia’s undisturbed experience of obvious truth is a kind of mental decadence.