“Justice Antonin Scalia’s criminal jurisprudence will be remembered, perhaps more so than any other area that he influenced, as full of strong bright-line positions. When he was right, he was really, really right. When he was wrong, he was really, really wrong.
“But his position on a criminal rights question was never unclear—although there were surprisingly blurred lines in some of Scalia’s opinions—on topics where he simply did not think the right mattered much, or somehow couldn’t be tied to the Founding Fathers.”