“Natural law is gone”? I would expect that from some Harvard Law professor, but I’m sorry to hear if from Justice Scalia.
Yes, the activist justices have been busy driving out natural law ever since the time of Oliver Wendell Holmes. But it would be disastrous if a people living under a Constitution based on “Nature and Nature’s God” just gave this founding principle up and consented to the resulting damage to our freedoms.
I believe the point Justice Scalia was making which culminated in that phrasing was that Natursal Law is gone because it has been codified into state and federal law thus it need not be tasked to stand and deliver as a stand alone ‘institution’.