In what will undoubtedly be remembered as one of the greatest clerical errors in Supreme Court history, Justice Antonin Scalia accidentally published a draft of a political speech on Monday instead of a judicial opinion. The speech, which was published as a “dissent” along with Justice Anthony Kennedy’s majority opinion in the case of Arizona v. United States, attacked President Obama’s recent announcement that his administration would not deport illegal immigrants who came to the United States as children, a policy which was not in dispute in the Arizona case. It is unclear which of Scalia’s clerks was responsible for the embarrassing error.
Insiders suspect that the text may have been intended as a stump speech for some unnamed Tea Party politician, or perhaps merely as a dinner table rant. One young Scalia relative, speaking on the condition of anonymity, confirmed that the latter was a strong possibility. “Oh yeah, that sounds just like him at Thanksgiving after a glass of Chianti or two. He always gets riled up about how the Framers would have hated Obama. That whole bit about how the states’ delegates would have ‘rushed to the exits’ at Independence Hall if Obama were around? Classic.”