Law Scalia Died today

[Aegon Spengler]

Scalia did a lot of great things for interpreting constitutional law but I don't think he had much to do with ending the Cold War on America's terms.

I meant he'll be regarded as a monster.

 

[Quipling]

For the people who were bitching earlier in this thread about Obama's past appointees, Scalia apparently lobbied for Elena Kagan to join the court before she was nominated. Since I know some of those people will also assert that this is a fiction from the Obama administration, I'm also going to point out that Scalia was familiar with Kagan before her appointment, and was friends with her afterwards. She frequently went on hunting trips with him.

 

[BKMMAFAN]

I meant he'll be regarded as a monster.

By a small few. Scalia, if nothing else, is nearly universally respected by legal professionals. Even Justices as controversial as Taney (Dred Scott) and Holmes (forced sterilization) aren't universally reviled as monsters. Scalia's lasting legacy will be Constitutional/Statutory interpretation based on orginalism and textualism. He'll be seen as 'behind the times' on issues of social importance during his tenure.

 

[Aegon Spengler]

By a small few. Scalia, if nothing else, is nearly universally respected by legal professionals. Even Justices as controversial as Taney (Dred Scott) and Holmes (forced sterilization) aren't universally reviled as monsters. Scalia's lasting legacy will be Constitutional/Statutory interpretation based on orginalism and textualism. He'll be seen as 'behind the times' on issues of social importance during his tenure.

Warming is real, manmade, and is not a "social issue"

 

[PolishHeadlock]

I meant he'll be regarded as a monster.

You're probably right. That's I keep seeing all of these articles where the great legal minds on the both the left and right side are condemning him as a monster.

 

[BKMMAFAN]

Warming is real, manmade, and is not a "social issue"

The Supreme Court stayed the implementation of the CPP until the DC Circuit Court of Appeals issues a ruling on the merits and the case is either subsequently granted or denied cert. There is no distinct position one can gather of the merits of the case from that alone (except that the 5 Justices who issued the stay MAY be skeptical of its legality).

Moreover, without having an opinion to critique (most likely regarding Administrative agency power and statutory interpretation), we can't criticize Scalia's jurisprudence on the specific issue since he didn't survive to rule on it.

Also, I'll again assert that it's very unlikely Scalia will be remembered as a monster (you compare him to Kissinger, Cheney, and Bush; all three are unlikely to be considered 'monsters'). Most Americans can't name a single justice on the SCOTUS; let alone rank an all-time worst justice list. Historians rarely vilify individual justices of the Supreme Court, and when they do, it's usually issue specific criticism.

 

[Jose Aldo]

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."

Supreme Court Justice Antonin Scalia Dies at 79
By EMILY SHAPIRO
Feb 13, 2016

U.S. Supreme Court Associate Justice Antonin Scalia has died at age 79, two law enforcement sources told ABC News today.

Chief Justice John G. Roberts, Jr. said in a statement: "On behalf of the Court and retired Justices, I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family."

Scalia died today in Texas of apparently natural causes, according to law enforcement sources.

Scalia, a conservative, was the longest-serving current justice on the Supreme Court. He was nominated to the court by President Reagan and took his seat Sept. 26, 1986.

President Obama was informed of Scalia's death this afternoon, said Principal Deputy Press Secretary Eric Schultz. The President and First Lady extend their deepest condolences to Scalia’s family.

President George W. Bush said in a statement, "Laura and I mourn the death of a brilliant jurist and important American, Supreme Court Justice Antonin Scalia. He was a towering figure and important judge on our Nation's highest court. He brought intellect, good judgment, and wit to the bench, and he will be missed by his colleagues and our country. Laura and I send our heartfelt sympathies and condolences to his wife, Maureen, their nine children, and the entire Scalia family."

Texas Gov. Greg Abbott said in a statement today, "Justice Antonin Scalia was a man of God, a patriot, and an unwavering defender of the written Constitution and the Rule of Law."

"He was the solid rock who turned away so many attempts to depart from and distort the Constitution. His fierce loyalty to the Constitution set an unmatched example, not just for judges and lawyers, but for all Americans," Abbott said.

"We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law," Abbott said.

Thirty years ago, the Senate -- including Democrats Joe Biden and Ted Kennedy -- confirmed Scalia to the court 98-0.

Scalia was born in Trenton, New Jersey, on March 11, 1936. Prior to his appointment to the Supreme Court, Scalia was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. He also served as Assistant Attorney General for the Office of Legal Counsel from 1974 to 1977, Chairman of the Administrative Conference of the United States from 1972 to 1974 and General Counsel of the Office of Telecommunications Policy from 1971 to 1972.

He was a Racist relic of the past.

 

[Arkain2K]

You're probably right. That's I keep seeing all of these articles where the great legal minds on the both the left and right side are condemning him as a monster.

Furthermore, I suggest @Quipling adding this extensive list of across-the-spectrum condemnation of Judicial Monster Antonin Scalia's reign of terror from the previous page to the OP, just so it wouldn't be burried under a sea of legal scholars and future law historians of Sherdog:

Supreme Court justices weigh in on Antonin Scalia's death

Below are statements from current and retired Supreme Court justices on the death of Justice Antonin Scalia. Scalia died of a heart attack on Saturday at age 79 at Cibolo Creek Ranch in Texas. Appointed by President Ronald Reagan, he served on the high court for three decades.

Chief Justice John G. Roberts Jr.:

"On behalf of the Court and retired Justices, I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family."

Justice Anthony Kennedy:

"In years to come any history of the Supreme Court will, and must, recount the wisdom, scholarship, and technical brilliance that Justice Scalia brought to the Court. His insistence on demanding standards shaped the work of the Court in its private discussions, its oral arguments, and its written opinions.

"Yet these historic achievements are all the more impressive and compelling because the foundations of Justice Scalia’s jurisprudence, the driving force in all his work, and his powerful personality were shaped by an unyielding commitment to the Constitution of the United States and to the highest ethical and moral standards.

"In the fullness of time Justice Scalia’s beautiful family will be sustained by the force and dynamism of his intellect and personality, attributes that were so decent and so powerful; but now they mourn. We give them assurances of our deepest sympathy and our lasting friendship."

Justice Clarence Thomas:

"Justice Scalia was a good man; a wonderful husband who loved his wife and his family; a man of strong faith; a towering intellect; a legal giant; and a dear, dear friend. In every case, he gave it his all to get the broad principles and the small details right. Virginia and I are deeply saddened by his sudden and untimely death. Our prayers and love go out to Maureen and the Scalia family. It is hard to imagine the Court without my friend. I will miss him beyond all measure."

Justice Ruth Bader Ginsburg:

"Toward the end of the opera Scalia/Ginsburg, tenor Scalia and soprano Ginsburg sing a duet: 'We are different, we are one,' different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve. From our years together at the D.C. Circuit, we were best buddies. We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots—the 'applesauce' and 'argle bargle'—and gave me just what I needed to strengthen the majority opinion. He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his 'energetic fervor,' 'astringent intellect,' 'peppery prose,' 'acumen,' and 'affability,' all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp.

"Justice Scalia once described as the peak of his days on the bench an evening at the Opera Ball when he joined two Washington National Opera tenors at the piano for a medley of songs. He called it the famous Three Tenors performance. He was, indeed, a magnificent performer. It was my great good fortune to have known him as working colleague and treasured friend."

Justice Stephen G. Breyer:

"Nino Scalia was a legal titan. He used his great energy, fine mind, and stylistic genius to further the rule of law as he saw it. He was man of integrity and wit. His interests were wide ranging as was his knowledge about law, this Nation and its Constitution. He loved his family. He also loved ideas, music, and the out of doors. He shared with us, his colleagues, his enthusiasms, his humor, his mental agility, his seriousness of purpose. We benefitted greatly. His contribution to the law was a major one. Our hearts go out to Maureen and his family. We have lost a fine colleague and a very good friend. We shall miss him hugely."

Justice Samuel Alito:

"Martha-Ann and I are deeply saddened by the terrible news. Nino was a remarkable person, and I feel very honored to have known him and to have had him as a colleague. He was a towering figure who will be remembered as one of the most important figures in the history of the Supreme Court and a scholar who deeply influenced our legal culture. His intellect, learning, wit, and memorable writing will be sorely missed, and Martha-Ann and I will deeply miss him as a friend. We will keep Nino, Maureen, and their family in our prayers."

Justice Sonia Sotomayor:

"My colleague Nino Scalia was devoted to his family, friends, our Court, and our country. He left an indelible mark on our history. I will miss him and the dimming of his special light is a great loss for me. My thoughts are with Maureen, his children, and his grandchildren."

Justice Elena Kagan:

"Nino Scalia will go down in history as one of the most transformational Supreme Court Justices of our nation. His views on interpreting texts have changed the way all of us think and talk about the law. I admired Nino for his brilliance and erudition, his dedication and energy, and his peerless writing. And I treasured Nino’s friendship: I will always remember, and greatly miss, his warmth, charm, and generosity. Maureen and the whole Scalia family are in my thoughts and prayers."

Justice Sandra Day O’Connor (Retired):

"I am deeply saddened to learn of the passing of my dear friend and colleague, Justice Antonin Scalia. Nino was a tireless public servant who left an indelible mark on the Court and on our jurisprudence. His gifts of wisdom, wit, and wordsmithing were unparalleled, and he will be sorely missed."

Justice John Paul Stevens (Retired):

"Nino Scalia was a good friend, a brilliant man with an incomparable sense of humor, and as articulate as any Justice who ever served on the Court. He has had a major impact on the development of the law, and earned the respect of all his colleagues. We will all miss him."


http://www.usatoday.com/story/news/...-supreme-court-death-justice-scalia/80375976/

 

[Quipling]

Furthermore, I suggest @Quipling adding this extensive list of across-the-spectrum condemnation of Justice Antonin Scalia's terrible life of work to the OP, just so it wouldn't be burried under a sea of legal scholars and future law historians of Sherdog:

I did that already, bruh

 

[GearSolidMetal]

Warming is real, manmade, and is not a "social issue"

 

[Hog-train]

Scalia was on the wrong end of one of the WORST SUPREME COURT DECISIONS IN HISTORY. Citizens United.

Yea corporations and outside entities can give unlimited amounts of money to political candidates. Great call there Scalia.

 

[Forkfoot]

as soon as I started reading these threads I got pissed off by the vile shit some of you wrote, after spending a couple days reading and reflecting on what his life has meant to this nation, I'm even more enraged. he was one of the most influential people of our time as well as our nations.
the respect from his peers from all political aspects is unprecedented, he was a defender of the constitution the likes of we may never see again.

all of you that wrote the vile shit, you are the problem with this nation, greatness stood amongst us and you were to stupid to take notice....even after the fact you would rather spit on his grave then reflect. to this I can only hope you reap what you sow

He was scum and I'd do a lot worse than spit on his grave. I say without exaggeration that I have never before been so happy to learn of someone's death. A lot of good will come from this.

 

[PolishHeadlock]

Saw this comment on an Onion article and lolled pretty hard.

Obama's intention to replace a decent conservative judge like Scalia just because he's dead is yet another example of the man's demented, anti-American agenda.

 

[sloppypie]

Scalia was on the wrong end of one of the WORST SUPREME COURT DECISIONS IN HISTORY. Citizens United.

Yea corporations and outside entities can give unlimited amounts of money to political candidates. Great call there Scalia.

it'll likely be seen as an anomaly considering the reverse of citizens united had a 100 year or so precedence. it'll likely be overturned in the post scalia tenure and brought back to where it was before, sorta like the death penalty fiasco some years ago where they ruled it was unconstitutional then quickly changed their minds.

 

[KONG-D'SNT-TAP]

Scalia was on the wrong end of one of the WORST SUPREME COURT DECISIONS IN HISTORY. Citizens United.

Yea corporations and outside entities can give unlimited amounts of money to political candidates. Great call there Scalia.

He was a relic put into place by Reagan.

Was anyone surprised he voted in favor of big business.

 

[Diamond Jim]

All GOP nominees should sign a pledge that in their presidency they will not nominate a SCOTUS Justice in an election year.

 

[NelmarksGhost]

Obama's intention to replace a decent conservative judge like Scalia just because he's dead is yet another example of the man's demented, anti-American agenda.

They could always pull a Jeremy Bentham, and have Scalia stuffed, and recorded as "present, but not voting".

 

[second sight]

All GOP nominees should sign a pledge that in their presidency they will not nominate a SCOTUS Justice in an election year.

New York Sen. Charles E. Schumer, a powerful member of the Democratic leadership, said Friday the Senate should not confirm another U.S. Supreme Court nominee under President Bush “except in extraordinary circumstances.”

“We should reverse the presumption of confirmation,” Schumer told the American Constitution Society convention in Washington. “The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito.”


Schumer’s assertion comes as Democrats and liberal advocacy groups are increasingly complaining that the Supreme Court with Bush’s nominees – Chief Justice John Roberts and Associate Justice Samuel A. Alito – has moved quicker than expected to overturn legal precedents.





Read more: http://www.politico.com/story/2007/...ew-bush-high-court-picks-005146#ixzz40HPgnYcy

Notably, when he made his remarks in 2007, Bush had about seven more months remaining in his presidential term than Obama has remaining in his.

Read more: http://dailycaller.com/2016/02/14/f...bush-supreme-court-nominations/#ixzz40HPxhqhe

 

[JadeOwl]

New York Sen. Charles E. Schumer, a powerful member of the Democratic leadership, said Friday the Senate should not confirm another U.S. Supreme Court nominee under President Bush “except in extraordinary circumstances.”

“We should reverse the presumption of confirmation,” Schumer told the American Constitution Society convention in Washington. “The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito.”


Schumer’s assertion comes as Democrats and liberal advocacy groups are increasingly complaining that the Supreme Court with Bush’s nominees – Chief Justice John Roberts and Associate Justice Samuel A. Alito – has moved quicker than expected to overturn legal precedents.





Read more: http://www.politico.com/story/2007/...ew-bush-high-court-picks-005146#ixzz40HPgnYcy

Notably, when he made his remarks in 2007, Bush had about seven more months remaining in his presidential term than Obama has remaining in his.

Read more: http://dailycaller.com/2016/02/14/f...bush-supreme-court-nominations/#ixzz40HPxhqhe

One guy can say whatever he wants. Did the Democrats actually do what he called for?

Words are wind, it's deeds that matter.

 

[Arkain2K]

Here's how Scalia's death affects Supreme Court rulings this year

http://www.usatoday.com/story/news/...tion-race-labor-voting-conservative/80372440/