In a speech on the Senate floor yesterday, Sen. Orrin Hatch (R-UT) compared people who disagree with Justice Antonin Scalia to the Death Eaters, a racist, Ku Klux Klan-like band of terrorists who support the evil Lord Voldemort in the fictional Harry Potter books:
Sen. Orrin Hatch (R-Utah) likened conservative Supreme Court Justice Antonin Scalia to famous fictional character Harry Potter on Wednesday and suggested his liberal detractors were like the “death eaters” depicted in the popular children’s series.
“If this was a Harry Potter movie, liberals would put Justice Scalia on a wanted poster as undesirable number one,” said Hatch. “And yet they just can’t seem to look away. The principles and laws on which he stands are so compelling… that whether you love him or hate him, you simply must deal with him.”
In the seventh Harry Potter book, the “death eaters” refer to Harry Potter as “undesirable number one” and dispense wanted posters bearing his name across the wizarding world.
Despite what Hatch may think, Scalia’s detractors do not actually want to bring about Justice Scalia’s destruction in order to fulfill a prophecy that will enable the unchecked reign of our Dark Lord. Indeed, even if we were to raise a magical army of evil wizards bent on destroying conservative justices, it is unclear why we would name Justice Scalia our leading enemy.
Unlike Justice Clarence Thomas, Justice Scalia does not believe that the national minimum wage, overtime and child labor laws violate the Constitution. Nor has Scalia shown any interest in striking down the federal ban on whites-only lunch counters — a law that would be unconstitutional under Thomas’ understanding of our founding document. Indeed, Justice Scalia even wrote an opinion in Gonzales v. Raich which clearly and unambiguously indicates that the Affordable Care Act is constitutional.
None of this is to say that Scalia is a saint. He defends torture and finds little wrong with executing the innocent. His views on gay rights are straight out of the Paleolithic Era, as is his belief that the Constitution does not provide any protection against gender discrimination.
But compared to Justice Thomas, Scalia is hardly the Harry Potter of people who want to do awful things to the Constitution. Scalia isn’t even the Ron Weasley of people who want to do awful things to the Constitution. He’s more like Neville Longbottom.