Damon Root, staff editor at Reason magazine and author of Overruled: The Long War for Control of the U.S. Supreme Court, joined the Federalist Radio today to discuss Justice Scalia’s impact on the court, religious liberty cases he’s ruled in, and threats the First Amendment.
Root argued that Scalia both shaped and misshaped American law through his role on the court. “He didn’t alway practice the originalism that he preached,” Root said. “The other thing that is less know about him is that he was a leader on the court when it came to issues like the fourth amendment and the sixth amendment.”
They discussed the cases that Scalia ruled in regarding religious liberty and freedom. “There are decisions that he has made in the past, that he later suggested that he had some second thoughts about,” Root said. “One thing to remember about the court is that today’s dissent can be tomorrow’s majority opinion.”
Root talked about political correctness, the first amendment and how the next President will have to pay attention to free speech issues. Donald Trump runs his campaign on anti-political correctness but his constantly suing journalists who hurt his feelings. “He wants a safe space also,” Roots said. “And clearly he wants to shut down mosques, and censor parts of the internet. This is a guy that seems hostile to every aspect of the first amendment.”