OK, this has been bothering me since it happened, and since it won’t let go I have to vent.
During the hearings on the ACA (aka Obamacare) Scalia made a remark. From the transcript:
JUSTICE SCALIA: You really want us to go through these 2,700 pages?
JUSTICE SCALIA: And do you really expect the Court to do that? Or do you expect us to give this function to our law clerks?
Yes, Justice Scalia, I expect you to go through all 2,700 pages, item by item, using the clerks you have hired to assist as necessary. It is, to be blunt, your job to filter through the details of law. If it is too much for you perhaps it is time to retire.
You do not have a deadline for issuing the final opinion. The reason for this is so you have the time you need to do the job right.
For what it is worth he has made other remarks that had me wondering if he’d forgotten his job. Some of his past opinions have seemed based as much on his philosophy of politics as they did on precedence or law. This, however, has been so glaring I haven’t been able to forget it. IF I had whined to my boss of not being able to process “all those books” or review “all that code” I know what would have happened – and it would have been the right thing to do.
So Mr. Scalia, it is a simple choice. Do your job, or GTFO.