Justice Scalia Summary

Justice Scalia finds no fault with this approach to commonlaw lawmaking in the abstract. The concern arises when the attitude of the common-law judge- "the mind set that asks 'What is the most desirable resolution of this case, and how can any impediments to the achievement of that result be evaded?'" meets the age of legislation, the expression of the democratic majority.5
This, he notes, is especially acute in the context of federal courts where every issue of law resolved by the federal judge involves the interpretation of text, be it regulatory, legislative or constitutional text. That concern leads Justice Scalia into an appeal for instruction on textual interpretation, first statutory and then constitutional
(to be discussed later).
Focusing