Aaron Tang: > To be clear, Scalia was no outlier; the same identity-based bias affects us all You wrote: > ...all human beings, have cognitive bias. It does

Aaron Tang: > To be clear, Scalia was no outlier; the same identity-based bias affects us all You wrote: > ...all human beings, have cognitive bias. It does not follow that the supreme court is “broken”. A Kahnemanian focus on bias is an unprofitable framework for analyzing jurisprudence and has no bearing here. Scalia is not wrong because he used Catholic faith to shape his legal opinions. Scalia is wrong, full stop, because he cannot: be objective entertain perspectives other than his own subjourn his own beliefs to address hypotheticals contemplate multiple contradictory ideas at the same time (consider paradox) impartially adjudicate the law A proper response would be something like: "Well, that's an interesting question. As a practicing Catholic, per our Pope, fish is not a meat. However, biologically, where meat is defined as the flesh of an animal, of course fish is meat. So I would have to ask you, what is the context of your question? Because in all areas of law, we must consider the social, legal, moral, and scientific norms which may affect our rulings." In other words, a Justice of the SCOTUS must have a jurisprudence somewhat more nuanced than "because I said so" (judicial primacy). https://en.wikipedia.org/wiki/Jurisprudence https://en.wikipedia.org/wiki/Jurisprudence