It began over the weekend with a lawyer in Arizona who told a local political talk show that Scalia should effectively cast a vote from the grave on outstanding cases before the Supreme Court.
Incredibly, the idea was echoed by Heritage Foundation fellow Hans van Spakovsky, the patron saint of voter ID laws that prevent living people from voting.
“I think the chief justice has an absolute obligation to give credit to Scalia’s vote in those cases that have already been decided, even if he didn’t write his opinion yet, because they know how he would have voted,” he told a radio station host yesterday.