Law Scalia Died today

[Rod1]

Not when you look at it from a Human Rights paradigm... At the risk of a false equivalency fallacy, were you sad when any of the other notorious monsters of this world that had a penchant for denying Human Rights to people based on their own brand of religion died? Probably not. The only difference here is that Scallia was pedestrian about it. He was commplicite in some pretty serious Human Rights violations and in an attempt to set up a Theocracy in this Country that sought to oppress minorities. Not only am I glad he passed away, I hope he questioned the beliefs that made him such a monster right before he died and had to live with that terror, just like perhaps the millions of same sex couples who werent legitimized by his batshit crazy religion were forced to live through at the end of their partners lives, not having rights, a say in their wellness or a stake in their will.

Why do you blame Scalia? he was quite the literalist, hobby lobby was certainly a wrong decision though.

It is well known that Scalia produced pure gold in his opinions...

Respect for the guy, the only decision i think he made political was hobby lobby.

In the end all the shit that the SCOTUS has to deal with is because how broken is congress.






































....but the real reason why I like Justice Scalia: he has no qualm about calling out the Judicial and the Executive branches for violating the Separation of Powers.

 

[PHATV]

Obama has already made his last SCOTUS appointee. Thankfully.

He will not get one here.

RIP to Scalia, who was a good man.

 

[oldshadow]

This will turn into a political cluster fuck.

Obama will try for the most liberal he can and will get blocked setting it up to be a big deal in the next election

 

[wandiswar]

Obama has already made his last SCOTUS appointee. Thankfully.

He will not get one here.

RIP to Scalia, who was a good man.

No he wasn't

Gonna go out and have a beer to celebrate one less conservative.

 

[My Spot]

This will turn into a political cluster fuck.

Obama will try for the most liberal he can and will get blocked setting it up to be a big deal in the next election

And the clusterfuck will continue because a Democrat will be in the White House but Republicans will still control the Senate.

 

[platypus44]

Very very smart guy. I disagree with him but have a great deal of respect for him.

 

[Jack V Savage]

This will turn into a political cluster fuck.

Obama will try for the most liberal he can and will get blocked setting it up to be a big deal in the next election

I think McConnell's comments were pretty shocking. That's not normal, and shouldn't be acceptable, no matter where you stand.

 

[My Spot]

Obama made political choices in the past that can have political consequences. Welcome to politics.

 

[AznTrojan]

shit just got even "realer".. tonight's debate is gonna be hilarious to see who can be the most conservative president

 

[Strychnine]

While I was no fan of justice Scalia's political views, it is sad he is gone.

I'm hoping for a liberal justice so we can get Citizens United overturned.

 

[PainIsLIfe]

http://www.mysanantonio.com/news/us...iate-Justice-Antonin-Scalia-found-6828930.php

Commentary later, but for now I want to make a toast to an individual who has had an enormous influence on the court and american jurisprudence. While he's written things I think are simply wrong, he's also written some incredibly clever and insightful cases that laid down principles of law that are still rightly used.

He's also been an excellent example in terms of getting along with your ideological opponents, and I think he and Ginsberg's friendship provide an important lesson on this.

I'm going to ask everyone in this thread to name a Scalia opinion they like.

Mine is Whitman v. American Trucking, an environmental case in which he expressed the principle:




https://www.law.cornell.edu/supct/pdf/99-1257P.ZO


"I can say one thing about Justice Scalia," Ginsburg said. "He is one of the few people in the world who can make me laugh, and I appreciate him for that."

Strictly as a matter of legal opinion and a constitutional reading - King v Burwell


-Today’s opinion changes the usual rules of statutory interpretation for the sake of the Affordable Care Act. That, alas, is not a novelty. In National Federation of Independent Business v. Sebelius, 567 U. S. ___, this Court revised major components of the statute in order to save them from unconstitutionality. The Act that Congress passed provides that every individual “shall” maintain insurance or else pay a “penalty.” 26 U. S. C. §5000A. This Court, however, saw that the Commerce Clause does not authorize a federal mandate to buy health insurance. So it rewrote the mandate-cum-penalty as a tax. 567 U. S., at ___–___ (principal opinion) (slip op., at 15–45). The Act that Congress passed also requires every State to accept an expansion of its Medicaid program, or else risk losing all Medicaid funding. 42 U. S. C. §1396c. This Court, however, saw that the Spending Clause does not authorize this coercive condition. So it rewrote the law to withhold only the incremental funds associated with the Medicaid expansion. 567 U. S., at ___–___ (principal opinion) (slip op., at 45–58). Having transformed two major parts of the law, the Court today has turned its attention to a third. The Act that Congress passed makes tax credits available only on an “Exchange established by the State.” This Court, however, concludes that this limitation would prevent the rest of the Act from working as well as hoped. So it rewrites the law to make tax credits available everywhere. We should start calling this law SCOTUScare.


Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites. I dissent.

 

[speakhandsforme]

Well Obama doesn't exactly have a track record of nominating people in the middle or apolitical for the SCotUS.

You think Sotomayor is an extremist?

 

[oldshadow]

I think McConnell's comments were pretty shocking. That's not normal, and shouldn't be acceptable, no matter where you stand.

What comments, the only thing I hear is he wanted the next president to replace him.

 

[My Spot]

You think Sotomayor is an extremist?

I didn't say she was an extremist but throwing out test results because too few minorities passed it doesn't exactly scream bipartisan or apolitical to me.

 

[Diamond Jim]

"I plan to fulfill my Constitutional responsibilities to name a successor...there will be plenty of time for me to do so" -- Obama

 

[My Spot]

Let's not forget that Senate Democrats blocked SCotUS nominees under Bush more than once. Welcome to politics.

 

[Jack V Savage]

What comments, the only thing I hear is he wanted the next president to replace him.

Oh, is that all? Just that he basically wants to subvert the Constitution by insisting that a legitimately elected president not be allowed to fulfill his duty? No biggie, right?

 

[Arkain2K]

You think Sotomayor is an extremist?

Sotomayor believe there are only two kinds of minorities in America: Blacks and Latinos.

I find her bias and limited-scoped opinion on Affirmative Action particularly revolting. A giant wall of text with zero mention of the REAL minorities in this nation.

 

[second sight]

recess appointment

 

[carlos cadona]

I don't see any way for the GOP to block Obama for 300+ days. If it was later then they would have a chance but in this case I just don't see it happening.