A senior Democratic aide said Scalia’s conduct during the oral arguments were “unbecoming of a justice.”

“You would think after Bush v. Gore and Citizens United the court would be more sensitive to the perception that it’s politicized. Scalia seems unaware. He said some things that sounded like they came from a Republican spokesman,” the aide said in reference to the 2000 decision awarding the presidency to George W. Bush and the 2010 ruling that gave corporations and labor unions greater freedom to influence elections…

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said colleagues should not be surprised by Scalia’s behavior.

“That’s the way he always is. This after all is the man who helped push through Bush versus Gore, which every historian is going to say was a crazy thing,” Leahy said.