Michael Daly, Washington
Hugh Hewitt built his arguments on an assertion that is commonplace but demonstrably false: the notion that constitutional originalists, epitomized by the late justice Antonin Scalia, are bound by the words in the Constitution and its amendments and do not view the Constitution as a living document.
But Scalia’s most famous and infamous opinion is D.C. v. Heller, which addressed the meaning of the Second Amendment and its 27 words. Scalia found it required about 40 pages of sophistry to utterly dismiss as a rhetorical flourish the first 13 words of that amendment, addressing a well-regulated militia and its necessity to the security of a free state.
Scalia used his considerable legal talents to excise our law to fit his prejudices in a shameless fashion, the very antithesis of the behavior of a constitutional originalist. If Supreme Court nominee Judge Brett M. Kavanaugh is an originalist cut from the same cloth, we are in for a volcanic burst of judicial creativity.
John Shages, Washington
Hugh Hewitt was mistaken. Senate Majority Leader Mitch McConnell’s (R-Ky.) blocking of Supreme Court nominee Merrick Garland from receiving a confirmation hearing was a serious violation of the Constitution and his oath of office.
Michael Olson, Drayden