Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Scalia, Breyer....CSPAN repeat on NOW
cspan | 1/16/05 | witch

Posted on 01/16/2005 9:26:57 AM PST by The Drowning Witch

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-39 last
To: The Drowning Witch
You can evaluate for yourself how well Justice Scalia did when it really counted:

http://www.allanfavish.com/ajf_response_to_decision.htm

Regards,

Allan J. Favish
http://www.allanfavish.com

21 posted on 01/16/2005 10:06:08 AM PST by AJFavish
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Drowning Witch
Interesting program. Alas the justices are talking past each other to some extent. There is nothing improper about consulting foreign sources, judicial or otherwise, to find lines of reasoning or issues, which may be applicable to resolving conundrums of American law, and giving credit to the line of reasoning that you embrace. What difference does it make if a line of reasoning is invented and offered up by an American lawyer in a brief, versus one done by some European justice? Nothing. It is not precedent.

The problem with the sodomy case, is that the moral judgments of foreign jurisdictions were deemed relevant, and judgments are not lines of reasoning. I suppose one could argue say with the death penalty, that what is deemed cruel and unusual is an evolving standard, rather than what were the morays at the time the Constitution was written, and then argue that what is currently deemed cruel and unusual should be based on an international standard rather than an American standard. The problem with the death penalty, is one is trying to apply some words that are inherently ambiguous, "cruel and unusual," which ARE in the Constitution.

The matter is complex. Where lines of reasoning end and judgments begin is not a bright line. There are often no neat little formlae available to apply in tough legal cases, which relieves one from hard thinking.

22 posted on 01/16/2005 10:08:29 AM PST by Torie
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Drowning Witch
Speaking of Frank Zappa, I have done battle on the Discussion Board on http://www.zappa.com . It's hard work considering the preponderance of Socialists there.

In particular, with reference to this thread, in a discussion about why to elect Republicans despite their all being fire-breathing Christian fundamentalists, I advocated originalist interpretation on the Supreme Court. The DUmmies only argued that there's no such thing.

23 posted on 01/16/2005 10:08:30 AM PST by NutCrackerBoy
[ Post Reply | Private Reply | To 1 | View Replies]

To: jwalsh07; Luis Gonzalez; ambrose; Dog Gone

FYI


24 posted on 01/16/2005 10:11:53 AM PST by Torie
[ Post Reply | Private Reply | To 1 | View Replies]

To: Howlin
They think we should listen to what other courts do?

Justice Breyer does...
25 posted on 01/16/2005 10:15:56 AM PST by firewalk
[ Post Reply | Private Reply | To 8 | View Replies]

To: Howlin
Islamic courts? They think we should listen to what other courts do?

That was my question? Who determines the standards by which a court ruling can be cited? African? South American? What a mess.

26 posted on 01/16/2005 10:20:33 AM PST by riri
[ Post Reply | Private Reply | To 8 | View Replies]

To: drt1

"Garbage in, garbage out," or so the saying goes.


27 posted on 01/16/2005 10:23:34 AM PST by NC Native ("Bombing begins in five minutes"... Ronald W. Reagan)
[ Post Reply | Private Reply | To 19 | View Replies]

To: drt1

"Garbage in, garbage out," or so the saying goes.


28 posted on 01/16/2005 10:26:22 AM PST by NC Native ("Bombing begins in five minutes"... Ronald W. Reagan)
[ Post Reply | Private Reply | To 19 | View Replies]

To: NC Native

Crap. Cruddy post didn,t show so I hit it again. Oh well...


29 posted on 01/16/2005 10:27:28 AM PST by NC Native ("Bombing begins in five minutes"... Ronald W. Reagan)
[ Post Reply | Private Reply | To 28 | View Replies]

To: The Drowning Witch

The program is available to watch anytime by going to cspan.org, and clicking on "Justices Scalia & Breyer Discussion on Foreign Courts' Impact".


30 posted on 01/16/2005 10:30:01 AM PST by Torie
[ Post Reply | Private Reply | To 1 | View Replies]

To: NC Native
"Garbage in, garbage out," or so the saying goes."

Agree but, in this guy's case, the preponderant problem is most definitely on the output side. IMHO Scalia is the type of judge needed at all levels of the judiciary. Breyer should be on a very local rural planning commission somewhere.

31 posted on 01/16/2005 10:30:29 AM PST by drt1
[ Post Reply | Private Reply | To 27 | View Replies]

To: Howlin; windchime

Thanks for the ping. Only caught the last half hour, so thanks for the transcript.


32 posted on 01/16/2005 10:34:37 AM PST by LisaFab
[ Post Reply | Private Reply | To 5 | View Replies]

To: LisaFab

You're welcome! Glad you caught part of it because the contrast between the two is even more evident when you watch them.


33 posted on 01/16/2005 11:20:44 AM PST by windchime (Podesta about Bush: "He's got 4 years (8!) to try to undo all the stuff we've done." (TIME-1/22/01))
[ Post Reply | Private Reply | To 32 | View Replies]

To: The Drowning Witch
One wonders if Breyer will ever again do such an appearance.

He came off as a complete lightweight proving he had no business being on the Court in the first place.

Scalia proved his brilliance and he deserves to be named Chief Justice.

34 posted on 01/16/2005 12:11:42 PM PST by OldFriend (PRAY FOR MAJ. TAMMY DUCKWORTH)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Torie

In theory, you could draw useful ideas from the proceedings from foreign courts, even Islamic courts. Pico della Mirandola argues, in "De dignitate Hominis," that you should draw wisdom from any source where you find it, and indeed the first authority he cites (with deliberate provocation) is Abdul the Saracen.

But that's theory. In practice, the American constitution, American law, and American practice are far more relevant and likely to be useful.

There's a big difference between having the kind of judgment that will let you find wisdom in unlikely places and the lack of good judgment that leads you to follow trendy opinions like a sheep because someone says they are politically correct. I'd say that Scalia has wisdom, and Breyer never rises above the trendy.

Hey, Europe is trendy right now among the elite. So let's ransack their legal writings to find ideas that will help us proclaim sodomy to be a Univeral Human Right.


35 posted on 01/16/2005 12:14:41 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 22 | View Replies]

To: windchime

Right. C-SPAN has a link to the video but it's been inoperable for days.


36 posted on 01/16/2005 1:36:44 PM PST by LisaFab
[ Post Reply | Private Reply | To 33 | View Replies]

To: LisaFab

It was and is operable for me.


37 posted on 01/16/2005 2:46:30 PM PST by Torie
[ Post Reply | Private Reply | To 36 | View Replies]

To: Torie

Hmm. Is it in RealTime?


38 posted on 01/16/2005 3:12:18 PM PST by LisaFab
[ Post Reply | Private Reply | To 37 | View Replies]

To: LisaFab

I just click the link and get the video, like magic. Real Player is used.


39 posted on 01/16/2005 3:15:04 PM PST by Torie
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-39 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson