In County of Riverside v. McLaughlin, Justice Scalia began his dissent like this.
The story is told of the elderly judge who, looking back over a long career, observes with satisfaction that “when I was young, I probably let stand some convictions that should have been overturned, and when I was old, I probably set aside some that should have stood; so overall, justice was done."
Justice Scalia was joking, but still. Johnson. Kyllo. Crawford. The cantankerous dissent in King. Some fine justice was done.
We disagreed with the late Justice often. But “death softens all resentments, and the consciousness of a common inheritance of frailty and weakness modifies the severity of judgment.” Rest in peace.
Finally, too soon?