Scalia and Hercules and the Umpire.

Regardless of whether you love him, hate him, or are pleasantly amused by him (I’ll leave you guessing as to which one I am) New York‘s interview with Justice Antonin Scalia is a must-read. For a legal nerd like me, the most interesting part is Scalia’s claiming to “repudiate” that he is a “faint-hearted” originalist (this being his own description that he cannot seem to live down).

Also, this was particular interesting:

The one provision [in the Constitution] that I would amend is the amendment provision. And that was not originally a flaw. But the country has changed so much. With the divergence in size between California and Rhode Island—I figured it out once, I think if you picked the smallest number necessary for a majority in the least populous states, something like less than 2 percent of the population can prevent a constitutional amendment.

On a semi-related (i.e., why nothing ever happens) note, Judge Richard Kopf, one of the local U.S. District Court judges where I live, has made headlines also for his outside-the-courtroom opinions, particularly telling Congress to “go to hell.” But his blog, Hercules and the Umpire, is always good reading—regardless of any shutdown smackdowns.