Scalia, closet crit? By David Post on October 30, 2006 1:17 pm Since, as I say, I see no sense in the public-private distinction, neither do I see what precisely it consists of. Richardson v. McKnight, 521 U.S. 399, 422 (1997). O.K., so it’s taken out of context. But what a fun sentence to take out of context!