Antonin Scalia [TEASER]

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Oh, yeah. We've got a Patreon now.
And if you're a subscriber already, thank you so much. We love you guys.
And if you're not, here's the deal.

We're going to continue publishing most of our case episodes here for free for the public, but we'll also be making special episodes just for subscribers.

Those will be generally bigger picture, more thematic episodes about the justices, about originalism, about textualism, about any other big ideas Peter, Rhiannon, and I have. Yeah.
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And we've got a little peek teaser of our first subscriber-only episode about Anton and Scalia coming up for you in just a minute. But I do want to explain exactly what you'd get by subscribing.

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The last thing I want to talk about with Scalia is not a case, per se.

It's protagonist of the show 24, Jack Bauer.

Yes. Now, Scalia had a position on torture, which is that it's unconstitutional if you use it as a punishment, because the Constitution forbids cruel and unusual punishment.
Right.

But not as an interrogation tactic, because that's not punishment. So cruel and unusual punishment doesn't apply.

You get it?

No moral hazards there. No loophole issues.

Now, he in 2007 was at a law conference in Canada.

where a Canadian judge, when they were talking about torture and terrorism, said, quote, thankfully security agencies in our countries do not subscribe to the mantra, what would Jack Bauer do?

And Justice Scalia cuts in. Because Jack Bauer, like famously in the show 24, would like would torture people.
That's right.

Most of 24 is Jack Bauer saving entire cities or nations or whatever by torturing a terrorist who has the information.

Pulling his fingernails out. He gets the correct information.
Right. And then he uses that information to save the day.
Right.

So this Canadian judge at this conference says, quote, thankfully security agencies in all of our countries do not subscribe to the mantra, what would Jack Bauer do?

And Justice Scalia butts in with this quote. Jack Bauer saved Los Angeles.

He saved hundreds of thousands of lives.

Are you going to convict Jack Bauer?

He then posed a series of questions to the fellow judges. Say that criminal law is against him.
You have the right to a jury trial. Is any jury going to convict Jack Bauer? I don't think so.

Jack Bauer is a fictional character.