Supreme Court Justice Antonin Scalia said Thursday that he believed the current politicking over federal judges was “unprecedented” and chalked it up to trends at the Supreme Court itself.

Sharing a stage at the National Archives with Justices Sandra Day O'Connor and Stephen Breyer, Scalia first noted that he is an “originalist,” or someone who tries to interpret the Constitution in its 18th-century context rather than someone who takes into account societal changes and contemporary views.

“I think what has happened is that after about 50 or 60 years of an evolving Constitution,” he said, “the people have come to realize what is going on: that the people they are selecting, not just for the Supreme Court, but even for the courts of appeals, have enormous policy discretion.” So, instead of looking for people who are good lawyers for the bench, the public wants “people up there who will evolve the Constitution the way they want it evolved,” he said.

Breyer said the high court has weathered criticism since its early days. But Scalia described the current political climate as “unprecedented.” He focused on partisan disputes over judicial nominations that have blocked several of President Bush's nominees. Scalia also criticized his fellow justices' practice of looking at trends in international law and said he believed that may have made the difference in the court's recent ruling striking down the death penalty for juveniles. — Joan Biskupic