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Scalia Dissent: I write separately to call attention to this Court’s threat to American democracy
Supreme Court.gov ^ | 26 Jun 15 | Antonin Scalia

Posted on 06/26/2015 8:06:38 AM PDT by xzins

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To: xzins; daniel1212; Springfield Reformer; metmom
Here's an interesting excerpt:

Scalia dissenting at 5-6:

Not surpris­ingly then, the Federal Judiciary is hardly a cross-section of America. Take, for example, this Court, which consists of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single South-westerner or even, to tell the truth, a genuine Westerner (California does not count). Not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination. The strikingly unrepresentative character of the body voting on today's social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage. But of course the Justices in today's majority are not voting on that basis; they say they are not. And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.

261 posted on 06/29/2015 8:52:32 AM PDT by redleghunter (Truly my soul waiteth upon God: from him cometh my salvation. He only is my rock and my salvation)
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To: redleghunter

Some of the most vile fascist/people in America are Harvard/Yale scum, and the worst are the lawyers from these two elite universities.

The rest of us are low class scum to them. Their mission is to control us via the courts and the mediots controlled by them.

“Not surpris­ingly then, the Federal Judiciary is hardly a cross-section of America. Take, for example, this Court, which consists of only nine men and women, all of them successful lawyers who studied at Harvard or Yale Law School. Four of the nine are natives of New York City. Eight of them grew up in east- and west-coast States. Only one hails from the vast expanse in-between. Not a single South-westerner or even, to tell the truth, a genuine Westerner (California does not count). Not a single evangelical Christian (a group that comprises about one quarter of Americans), or even a Protestant of any denomination. The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage. But of course the Justices in today’s majority are not voting on that basis; they say they are not. And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”


262 posted on 06/29/2015 11:21:10 AM PDT by Grampa Dave (Rev. 22:11 Let the evildoer still do evil, the filthy still be filthy, the righteous still do right!)
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To: homegroan
We are done and I’m afraid Obama has won.

I guess we'll just HAVE to pay the higher taxes on tea after all.


Boo hoo; boo hoo

263 posted on 06/29/2015 1:41:53 PM PDT by Elsie ( Heck is where people, who don't believe in Gosh, think they are not going...)
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To: xzins

I generally believe in Scalia but not his court and not “democracy”.


264 posted on 06/30/2015 3:43:10 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Norm Lenhart

Ronald Reagan was tricking us back in 1988, but I don’t think he knew that. Didn’t do his judicial homework but chopped wood nicely.


265 posted on 06/30/2015 3:44:08 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: BRK

An amendment is already failed before it begins. The American people don’t like constitutional amendments.


266 posted on 06/30/2015 3:45:09 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Theodore R.

I think he was using ‘democracy’ because the crowds don’t understand the word ‘republic’.


267 posted on 06/30/2015 3:46:00 PM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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To: Bluewater2015

I never thought the Soviets would disband, and I surely don’t think the Americans would.


268 posted on 06/30/2015 3:46:11 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Bluewater2015

Actually, in a surprise, the more liberal candidate lost the race for mayor of San Antonio this month. It’s a non-partisan election, but Leticia Van de Putte, Dan Patrick’s 2014 opponent, lost her bid for mayor.


269 posted on 06/30/2015 3:48:08 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Norm Lenhart

Well, I sat out John Cornball and George P. Bush.


270 posted on 06/30/2015 3:49:29 PM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Theodore R.

I never thought the Soviets would disband, and I surely don’t think the Americans would.


That’s just it. 30 years ago, no one foresaw the breakup of the Soviet Union. History, and political events, have a habit of sandbagging us.


271 posted on 07/01/2015 4:33:10 AM PDT by Bluewater2015 (There are no coincidences)
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To: Bluewater2015

Perhaps it turned out that opposing the Soviet Union provided the glue that held America together, with the Soviet Union gone, we have struggled to figure out just what it is we stand for.


272 posted on 07/01/2015 4:36:45 AM PDT by dfwgator
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To: dfwgator

Exactly. Now that we are fighting Islamic terrorists, we are trying to do everything the polar opposite of what they would do. Sometimes the exact opposite of stupidity is just more stupidity.


273 posted on 07/01/2015 3:26:17 PM PDT by Dat
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To: Buckeye McFrog
I’m thinking Scalia might do us all a bigger favor by leaving the Court and writing a tell-all book about what really goes on in there.

I'm thinking Scalia might do us all an even bigger favor by having this printed on his robe:


274 posted on 07/06/2015 1:34:16 PM PDT by Robert Teesdale (III% | 4GW)
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