The Fortune Cookie Vs. The Great Books
By DONALD DeMARCO The late Supreme Court justice, Antonin Scalia, in his dissent from Obergefell v. Hodges, stated, “[We have] descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.” No doubt, in the back of his mind Justice Anthony Kennedy’s words in the Casey decision still were ringing in his mind: “At the heart of liberty is the right to define one’s concept of existence, of meaning, of the universe, and the mystery of human life.” Robert H. Bork, in his book, Slouching Towards Gomorrah, found these words to be meaningless and nothing more than an appeal “to a free-floating spirit of radical autonomy.” Needless to say, nobody’s right…Continue Reading