It's always a toss-up deciding whether it's worth the time to correct the New York Times - even if you limit yourself to the most egregious absurdities, it's still a full time job. Today's editorial page offers a truly clueless indictment of Justices Scalia and Thomas. The Times has championed the living Constitution and judicial activism as the basis for liberal decisions undermining the democratic process for decades. It's beyond ridiculously hypocritical that the same paper is using the very charge of judicial activism against textual interpretations of the Constitution now that liberals do not hold an unassailable majority on the bench.
The truth is that liberals are furious that they cannot faithfully rely on the Supreme Court to implement any political policy which they fail to pass in the democratic process. Abortion, contraception, privacy, unlimited federal spending and regulatory power, homosexual matters, gender issues, etc., etc., etc. On every issue which the public demurred, the Court has been there to ensure the liberal agenda was secure.
But now the dynamic has changed and some cases are ruled in accordance with the Constitution, rather than the social-psychological formulas and auguries known only to progressive judges. Liberals can't simply rage that they've lost their trump card on unfavorable turns of democracy, so they've taken the shameless approach of charging any unfavorable ruling with the very corruption they've practiced for so long.
I continue to hold out hope that the editors of the New York Times are simply unprincipled partisans - it would be a true scandal if they were really dumb enough to believe the things they write.