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Quote

22nd August 2011

“Thomas’s approach to the Eighth Amendment underlines some of the problems with his approach to the Constitution, and with originalism generally. Only two Justices, Thomas and Scalia, have built their jurisprudence around originalism (one of them faintheartedly), so its full adoption would require the trashing of dozens, if not hundreds, of Court precedents. Further, notwithstanding Thomas’s enduring certainties, it is difficult to know what the framers would have thought of any given situation. (Alito, a conservative but not a full-fledged originalist, captured this problem nicely, in the oral argument about the California law on violent video games. Following up on a series of questions by Scalia, Alito asked the lawyer, “I think what Justice Scalia wants to know is what James Madison thought about video games. Did he enjoy them?”)”

~ The Thomases vs. Obama’s Health-Care Plan