Gotta Love Scalia!

Mark Shea has the scoop on this picture, as does Dominic Bettinelli. And here is an explanation of the gesture from Confirm Them.

Scalia to judges: Use history, tradition to interpret religious issues

Another article on Justice Scalia.

Scalia, 68, said judges use what he called "abstractions" -- or judicial tests -- to interpret religious cases when they should be looking to the text of the Constitution itself.

"The Constitution says what it says and does not say what it does not say," he said.

An "originalist," Scalia has said that the Constitution means the same thing now as when it was first drafted. He rejects the notion that judges should be mindful of a "living" Constitution that is interpreted differently in changing times.

Scalia said judges should rely on long-accepted practices and customs when considering a variety of religious issues, from giving tax exemptions to religious institutions to deciding if a member of the military can wear religious apparel.

"Tradition and historical practice is stronger" than tests created by the Supreme Court to decide establishment clause and free-exercise clause cases, he said.

Scalia: Faithful live for Christ

Justice Scalia, a Catholic, spoke before a Knights of Columbus Council in Baton Rouge.

The justice -- in Baton Rouge to address the Knights of Columbus Council 969 centennial celebration without charging a fee -- told a largely Roman Catholic crowd of 350 at the Holiday Inn Select that there's nothing wrong with "traditional Christianity."

"To believe in traditional Christianity is something else," Scalia said. "For the son of God to be born of a virgin? I mean, really. To believe that he rose from the dead and bodily ascended into heaven? How utterly ridiculous. To believe in miracles? Or that those who obey God will rise from the dead and those who do not will burn in hell?

"God assumed from the beginning that the wise of the world would view Christians as fools ... and he has not been disappointed."

Scalia praised "traditional Catholics" who say the rosary, go on pilgrimages, kneel during the Eucharist and "follow religiously the teaching of the pope," adding that "intellect and reason need not be laid aside for religion. It is not irrational to accept the testimony of eyewitnesses who had nothing to gain. There is something wrong with rejecting a priori (deductively) the existence of miracles."