I’ve always grudgingly accepted Scalia’s presence on the bench, because after reading some of his opinions his intellect consistently shines through. Sure, I don’t agree with him ever, and sure, he isn’t as interesting a conservative as Justice Roberts, but he’s tolerable (as opposed to Alito and Thomas).
This though… this is bananas. He is citing Jack Bauer. How can a strict constructionalist cite a fictional television program? How can a strict constructionalist… note the use of the word strict, do so in a way to undermine the idea of absolutes in law. The ticking clock theory is a fallacy conceived by the man who defended OJ Simpson. Stop it! Stop doing this! Torture doesn’t work. It is a horrible precedent to set and it doesn’t work!
