David Savage discusses Justice Scalia's views on the original meaning of the Sixth Amendment, which have led the Court to be more protective of the rights of criminal defendants. This is another example of how originalism does not have a uniform political valence. It can support conservative, liberal, or libertarian results. The same is true of nonoriginalism.
I have recently been reviewing these Sixth Amendment cases, and they are very interesting. I hope to have more to say about them in the future.
Posted at 12:01 AM