[Avodah] Scalia quotes Pirkei Avoth

[Zev Sero]

Justice Antonin Scalia has long shown an interest in Jewish law.  In
his dissent from today's decision in _Caperton v Massey Coal_, which can
be found at http://www.supremecourtus.gov/opinions/08pdf/08-22.pdf ,
he concludes with this paragraph:


A Talmudic maxim instructs with respect to  the Scripture: "Turn it
over, and turn it over, for all is therein." The Babylonian Talmud,
Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935).  Divinely
inspired text may contain the answers to  all earthly questions, but the
Due Process Clause most assuredly does not.  The Court today continues
its quixotic quest to right all wrongs and repair all imperfections
through the  Constitution.   Alas, the quest cannot succeed -- which is
why some wrongs and imperfections have been called nonjusticiable.  In
the best of all possible worlds, should judges sometimes recuse even
where the clear commands of our prior due process law do not require it?
Undoubtedly.  The relevant question, however, is whether we do more good
than harm by seeking to correct this imperfection through expansion of
our constitutional mandate in a manner ungoverned by any discernable
rule.  The answer is obvious.



-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher