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Thu Jun 27, 2013, 06:11 AM

Scalia Misses the Days When It Was OK for Government Discriminate Against Gay People

http://www.alternet.org/antonin-scalias-self-pitying-angry-nostalgia


Supreme Court Justice Antonin Scalia takes part in an interview with Chris Wallace on "FOX News Sunday" at the FOX News DC Bureau on July 27. Scalia, an outspoken conservative on the US Supreme Court, admitted Sunday that he likes to push people's buttons

Justice Antonin Scalia’s dissent in the Supreme Court case that declared the Defense of Marriage Act unconstitutional is, as expected, fun reading. It’s also quite representative of the current state of anti-gay marriage arguments in general: It is much more concerned with whining and raging than it is with actual argumentation.

Scalia’s main point is that the court has no right to strike down DOMA. In doing so, Scalia says, the Supreme Court has overstepped its authority.

It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere “primary” in its role.

The case could be made that this is sort of the only honest Originalist argument — there is nothing in the Constitution granting the Supreme Court the authority to determine the constitutionality of duly passed legislation, after all — but obviously this argument rather glaringly contradicts every single instance of Scalia voting to strike down a law. Indeed, it contradicts a decision the Supreme Court announced yesterday, in which the conservatives decided that a portion of the Voting Rights Act that they didn’t care for was unconstitutional because they didn’t care for it. But if Scalia wishes to recuse himself from all future cases involving constitutional questions, now that he has determined that Marbury v. Madison was improperly decided, I am not inclined to stop him.

Scalia is widely praised, even (perhaps especially) by liberals for his intelligence, his wit and his supposed intellectual consistency — he is thought to have a very specific interpretation of the Constitution and while it’s a dumb one he adheres to it — but this decision exposes him for the politician that he actually is. As Richard Posner has argued, Scalia will abandon both strict textual originalism and “judicial restraint” when it suits him. (Justice Thomas is actually better at coming up with legal and constitutional justifications for his social conservatism, consistent with his view that the Constitution may only be understood in terms of the political and social context in which it was written.)

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Reply Scalia Misses the Days When It Was OK for Government Discriminate Against Gay People (Original post)
xchrom Jun 2013 OP
MADem Jun 2013 #1
RKP5637 Jun 2013 #3
RKP5637 Jun 2013 #2
Fumesucker Jun 2013 #4
LineLineNew Reply !
xchrom Jun 2013 #5
HereSince1628 Jun 2013 #9
LuvNewcastle Jun 2013 #6
Jefferson23 Jun 2013 #7
Gman Jun 2013 #8

Response to xchrom (Original post)

Thu Jun 27, 2013, 06:18 AM

1. His anger seemed rather ... visceral.

I mean, really, Tone...take a chill pill!

Or, like the GOP told all of us in 2000......


GET OVER IT!



It's not nice to laugh one's ass off at people, but I have to make an exception when it's pompous farts with dumbass views....

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Response to MADem (Reply #1)

Thu Jun 27, 2013, 06:25 AM

3. "...pompous farts with dumbass views...." Excellent description of him

and his ilk.

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Response to xchrom (Original post)

Thu Jun 27, 2013, 06:23 AM

2. K&R! n/t

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Response to xchrom (Original post)

Thu Jun 27, 2013, 06:39 AM

4. Scalia misses the days of the Inquisition

Grand Inquisitor Antonin Scalia, it has a nice ring, eh?

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Response to Fumesucker (Reply #4)

Thu Jun 27, 2013, 06:40 AM

5. !

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Response to Fumesucker (Reply #4)

Thu Jun 27, 2013, 08:40 AM

9. IIRC Scalia is Opus Dei

Which sort of suggests that in his life he puts a premium on the influence of religion.

And why he would make statements about the unfortunate emphasis secular government puts in laws made by people.

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Response to xchrom (Original post)

Thu Jun 27, 2013, 07:02 AM

6. He really showed his ass yesterday, that is, even more so than usual.

He can't retire soon enough for me.

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Response to xchrom (Original post)

Thu Jun 27, 2013, 07:21 AM

7. Well that is too damn bad for you, asshole. Champion of fighting to keep rights away from people...

unless they're a corporation.


Funny!

June 26, 2013
Scalia Arrested Trying to Burn Down Supreme Court
Posted by Andy Borowitz

http://www.newyorker.com/online/blogs/borowitzreport/2013/06/scalia-arrested-trying-to-burn-down-supreme-court.html

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Response to xchrom (Original post)

Thu Jun 27, 2013, 08:35 AM

8. I agree that Scalia's originalism is defendable but

As big a deal as he makes of it, he isn't taken seriously in his beliefs because of exactly the way he voted this week. He's an originalist only when it suits him.

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