Antonin Scalia is gone. He shocked everyone, especially conservatives, by having the audacity to die before Justice Ruth Bader Ginsburg. Most people thought that Ginsburg, having been racked by disease and pain, would die first. This would give Republicans, who believe that they are certain to triumph in the next presidential election, the opportunity of nominating and perhaps having confirmed a justice of their particular flavor.

The truth is that justices of the Supreme Court all have a tendency to avoid disciplined analysis in favor of their own personal sociological and political views. Justices interpret the Constitution in a way that fits within their own ideological framework. The debate between originalism and flexibility is a new school exercise. Original intent is not something that any justice adheres to strictly, unless they agree with the issue at hand. The same is true with respect to the infamous flexibility of flamboyant liberals. They argue for the ability of the Constitution to bend this way and that, where they have a particular interest in a political issue.

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