There are many opinions that people have of Supreme Court Justice Antonin Scalia but being liberal is usually not one of those. Scalia is sharp, at times arrogant, but he is considered the philosophical cornerstone for conservatives on the Supreme Court. At least that is the way most people see Scalia.
Virginia Attorney General Ken Cuccinelli does not see it that way. Cuccinelli, who is in a closely contested race for governor, made some surprising remarks about Scalia at a panel discussion in Washington on “Does the Constitution Have a Future?”
According to the Washington Post, Cuccinelli stated during the discussion that Barack Obama had a “malleable vision of the meaning of sin and of the Constitution.”
Exactly what sin has to do with the Constitution is worth a look at in itself, but Cuccinelli also had things to say about Scalia.
“And really the way to fight back, given the governmental structure we have, the primary way is to get good judges who don’t accept what is wrong as right after a while,” Cuccinelli said, according to a video clip of the discussion. “Justice Scalia is in this category: ‘Well, we’ve been doing it wrong for a while, so now it’s part of the Constitution.’ I don’t buy that. I don’t buy that. And that needs to be reflected in the judges selected by the president, not this president, but the president generally, and approved by the Senate. They need to take that a lot more seriously than they do.”
That is an interesting contrast to what Scalia just said a couple of days ago when he stated that the Constitution is “not a living document” and is “dead, dead, dead.” Obviously, Scalia doesn’t see himself as someone who believes that interpretations of the Constitution can change.
If Cuccinelli is so far to the right that he doesn’t think Scalia is a proper defender of the Constitution, he may be heading to some difficulty in being elected governor of Virginia. This once conservative state isn’t trending towards candidates who place themselves to the right of conservative stalwarts like Scalia. Cuccinelli isn’t just placing himself outside of a majority of the Virginia electorate, but on the fringes of the Republican Party.