In Death, Scalia Will Become More Powerful Than EverElie Mystal2/14/16 5:20amFiled to: Antonin ScaliaScalia DeadSCOTUSOriginalism3EditPromoteShare to KinjaGo to permalinkThe one thing modern constitutional scholars always had over Antonin Scalia were “outcomes.” Scalia could wax poetic and pugnacious about how originalism grounded Constitutional interpretation in something more worthy than the evolving personal standards of the Supreme Court justices... but he could never escape the horrifying outcomes originalism would lead him to. AdvertisementScalia could tell you his very good reasons for voting against gay rights, or women’s rights, or civil rights, but a theory that keeps gays and women and minorities shackled to the standards of what was permissible in 1787 would always be relegated to the fringes of jurisprudence. That’s why, for all of Scalia’s intellectual ferocity, more pragmatic conservatives like John Roberts and William Rehnquist or even Richard Posner usually won the day. That’s what happens when you are a 21st century jurist who has to go through mental gymnastics to explain why segregation is unconstitutional. You spend most of your time losing and railing in defeat. AdvertisementOutcomes also produced the few holes in Scalia’s renown intellectual purity. Sure, he could tell you that he was bound to Constitution, whether he liked it or not. But when it came time to pick a President? Well, he, at least, was able to get over it.Antonin Scalia was not a walking interpretative theory. He was a real person with real hangups who heard real cases that produced real consequences. The application of originalism by its chief proponent was always the best argument against it.Until today. As Antonin Scalia passes from man into myth, his theory sheds the mortal coil that made it frail and smelly. Like Marxism or Jesus, you won’t be able to blame “originalism” for what people will do in its name anymore. The doctrine can fully become a matter of faith: something for conservatives to appeal to when logic and evidence offer no quarter. Don’t believe me? Try explaining to any Republican born after 1985 that “trickle down economics” is a crackpot theory popularized by Ronald Reagan that’s never actually worked.