In the course of an interview about his wildly incompetent biography of Justice Scalia (which is being released today), Bruce Allen Murphy responds, in a fashion, to my extended critique. (See Parts 1, 2, 3, 4, 5, 6, 7, and 8.)
Iโm going to pass over here the various confusions that Murphy repeats in his interview (including his reduction of textualism to dictionary definitions) and instead simply reply to his responses to me:
1. Murphy complains that I have read his book โthrough [my] lens as a defender of the Scalia faithโ and that I donโt โfully appreciate[]โ that he is writing for a โgeneral readership.โ
But Murphy abuses his โgeneral readershipโ by his stunning botch of Scaliaโs dissent in Hamdi v. Rumsfeld; by his cartoonish account of the supposed influence of Scaliaโs Catholicism on his judging; by his laughable series of bloopers; by his hopelessly confused assessment of Scaliaโs purported methodological shifts; by his bogus and tendentious ethical assertions; and by his relentless armchair psychologizing.
In short, Murphy persistently betrays the trust that any general reader might place in him.
2. Acknowledging that he never interviewed Scalia (apart from a brief exchange at an after-dinner receptionโsee point 5 here), Murphy says that I donโt โfully understand[] how much of [his] book relies on [public-record] quotations from Scalia.โ
Well, I suppose that depends on what โreliesโ means. Itโs true that Murphy quotes Scalia extensively. Itโs the massive disconnect between the quotes and Murphyโs sloppy and tendentious speculations that Iโve criticized.
Iโll further note that, apart from not interviewing Scalia, Murphy seems not to have interviewed anyoneโnot any of Scaliaโs family members, colleagues, friends, or law clerks. Thatโs quite a curious approach for a biographer of a living person.
3. Murphy says he was โsurprisedโ that I wrote my critique โso early in the processโway before the publication date.โ He contends that I want โtwo bites at the appleโโthat I want โto criticize the book on [Bench Memos] and then write a review about it.โ
I (inadvertently, to be sure) did Murphy a massive favor by writing my critique โso early in the processโway before the publication date,โ as I gave him and his publisher, Simon & Schuster, the opportunity to fix some of the countless gaffes that plague the book. The fact that they did not avail themselves of this opportunity ought to deeply discredit them.
From a selfish perspective, far from wanting โtwo bites at the apple,โ Iโm relieved that Murphy did not have the good sense to correct the errors I pointed out, as the task of writing my review (forthcoming in the next issue of National Review) was much easier as a result.





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