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Keyword: antoninscalia

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  • Scalia: 'Wouldn't surprise me' if death penalty struck down

    10/21/2015 10:09:17 AM PDT · by PROCON · 23 replies
    AP ^ | Oct. 20, 2015 | AP
    MINNEAPOLIS (October 20, 2015) — Referencing rulings to restrict capital punishment and changing sentiment within the Supreme Court, Justice Antonin Scalia said Tuesday he wouldn't be surprised if the nation's highest court invalidates the death penalty. Scalia addressed capital punishment during a University of Minnesota Law School appearance in which he also made clear retirement isn't in his near-term plans. The death penalty came up as Scalia described his judicial view that the Constitution is an "enduring" document that shouldn't be open to broad interpretation — while sharing frustration that his colleagues too readily find flexibility in it.
  • For Broadway's Audra McDonald And Others, Same-Sex Marriage Ruling Is A 'No-Brainer'

    06/28/2015 10:30:18 AM PDT · by Steelfish · 21 replies
    LATimes ^ | June 28, 2015 | DAVID NG AND DEBORAH VANKIN
    For Broadway's Audra McDonald And Others, Same-Sex Marriage Ruling Is A 'No-Brainer' By DAVID NG AND DEBORAH VANKIN Prominent members of the performing and visual arts professions have voiced their approval of Friday's ruling by the Supreme Court legalizing same-sex marriage around the country. Their reactions are perhaps not surprising for a community, including Broadway, that has long supported same-sex marriage and that counts many gay individuals both behind and in front of the curtain. Many states had already decided to legalize same-sex marriage, but Friday's decision means that same-sex couples have the right to marry in all 50 states....
  • Not News: Obama Admin Admits Tax-Exempt Status of Churches at Stake in Supremes' Gay 'Marriage Case

    06/28/2015 9:13:06 AM PDT · by SeekAndFind · 51 replies
    Newsbusters ^ | 06/28/2015 | By Tom Blumer
    Add the following to the "you will be made to care" stories Erick Erickson at RedState began to recognize several years ago. Those who think that legalizing same-sex "marriage" won't affect them should have received a wake-up call on Tuesday during arguments at the Supreme Court over inventing a constitutional right for two people of the same sex to have such an arrangement. Most of them didn't get it, because, with only one exception I could find, the establishment press covering the proceedings perfectly understood the gravity of the discussion and its implications — and refused to report it, because...
  • ‘We Should Start Calling This Law SCOTUScare’ And 20 Other Epic Scalia Burns

    06/25/2015 1:47:56 PM PDT · by markomalley · 34 replies
    The Supreme Court ruled 6-3 in favor of the Obama Administration in King V. Burwell that the Internal Revenue Service may extend subsidies to health insurance coverage purchased through exchanges established by the federal government despite the language of the Patient Protection and Affordable Care Act that such subsidies were limited to states. Associate Justice Scalia, whose dissents are always a fun read, was openly disdainful of the reasoning used by the majority to arrive at its conclusion. Here are 21 passages that capture his disappointment.1) “The Court holds that when the Patient Protection and Affordable Care Act says ‘Exchange...
  • Justice Scalia's 0bamacare Dissent: SCOTUS "favors some laws over others)

    06/25/2015 10:25:30 AM PDT · by mojito · 19 replies
    Supreme Court of the United States ^ | 6/24/2015 | The Hon. Justice Antonin Scalia
    ...Worst of all for the repute of today’s decision, the Court’s reasoning is largely self-defeating. The Court predicts that making tax credits unavailable in States that do not set up their own Exchanges would cause disastrous economic consequences there. If that is so, however, wouldn’t one expect States to react by setting up their own Exchanges? And wouldn’t that outcome satisfy two of the Act’s goals rather than just one: enabling the Act’s reforms to work and promoting state involvement in the Act’s implementation? The Court protests that the very existence of a federal fallback shows that Congress expected that...
  • Yet Again, A Scalia Dissent Is Used Against Him

    06/25/2015 12:06:49 PM PDT · by GIdget2004 · 20 replies
    Talking Points Memo ^ | 06/25/2015 | Tierney Sneed
    Justice Antonin Scalia strongly objected to Thursday's Supreme Court decision upholding the Affordable Care Act, so it was amusing to see Chief Justice John Roberts use Scalia's own dissent in the last major Obamacare case against him. It was buried in a footnote and amounted to a small dart lobbed Scalia's way, especially when compared to Scalia's blistering dissent that ripped Roberts' legal reasoning. To defend making the subsidies available to consumers everywhere, Roberts cited a line the dissent to the 2012 decision in favor of Obamacare, in which Scalia said, "Without the federal subsidies . . . the exchanges...
  • Scalia leads scathing dissent on ObamaCare ruling, dubs law 'SCOTUScare'

    06/25/2015 8:45:29 AM PDT · by Servant of the Cross · 58 replies
    FoxNews ^ | 6/25/2015 | FoxNews
    “We should just start calling this law SCOTUScare,” Scalia wrote, referring to the several times the high court has ruled on controversial parts of ObamaCare. Scalia blasted that reading. “The court holds that when the Patient Protection and Affordable Care Act says ‘Exchange established by the State’ it means ‘Exchange established by the State or the Federal Government,’ Scalia wrote. “That is of course quite absurd, and the court’s 21 pages of explanation make it no less so.”
  • Here Are The Best (Worst) Lines From Antonin Scalia's Raging SCOTUScare Dissent

    06/25/2015 8:39:25 AM PDT · by Zakeet · 32 replies
    Huffington Post ^ | June 25, 2015 | Ryan Grim and Dana Liebelson
    Backers of the Affordable Care Act were treated to twin delights on Thursday: First, the law was upheld, so nobody will be kicked off their insurance by the Supreme Court. And second, the dissent was written by Justice Antonin Scalia who, when angry (which is always), has a penchant for literary drama. "Words no longer have meaning," Scalia wrote in the dissent he read from the bench. They might not, but that didn't stop Scalia from piling them on top of each other in an angry heap. Here are some of the choicest of his meaningless words. [Snip] "Today's interpretation...
  • BFFs Ruth Bader Ginsburg and Antonin Scalia agree to disagree

    06/22/2015 12:17:58 PM PDT · by Borges · 34 replies
    LAT ^ | 6/22/2015 | DAVID G. SAVAGE
    Justices Ruth Bader Ginsburg and Antonin Scalia seem unlikely friends. Though both grew up in New York City and graduated from Ivy League law schools, Scalia went on to become a lawyer in the Nixon administration and a founder of the conservative Federalist Society, and Ginsburg led the women's rights project at the American Civil Liberties Union. He's brash and burly and believes in strict adherence to the Constitution's original text. She's soft-spoken and slight and believes in a "living Constitution" that can change with the times. On controversial cases, they are often the most likely of any pairing of...
  • For Leftists, It's Open Season on Christians

    06/16/2015 5:13:33 AM PDT · by Kaslin · 28 replies ^ | June 16, 2015 | David Limbaugh
    If you doubt that Christians are fair game for ridicule by the cultural left, take a look at the hit piece on Supreme Court Justice Antonin Scalia by Jeffrey Tayler for Salon. I can't decide which is worse, the title or the subtitle. The title: "Antonin Scalia is unfit to serve: A justice who rejects science and the law for religion is of unsound mind." The subtitle: "The justice claims to be an originalist, but his real loyalty is to religion and a phony man in the sky." The writer is trying to be cute, but don't conclude that any...
  • Scalia is unfit to serve: A justice who rejects science and the law for religion is of unsound mind

    06/14/2015 10:41:41 AM PDT · by EveningStar · 83 replies
    Salon ^ | June 14, 2015 | Jeffrey Tayler
    Full title: Antonin Scalia is unfit to serve: A justice who rejects science and the law for religion is of unsound mind Readers of this column already know that faith-derangement syndrome has stricken the highest levels of the executive branch of government, afflicting President Obama and virtually all his potential successors. Now we have evidence that it has spread to the top organ of the judiciary, the Supreme Court. But first, a clarification. Sufferers of faith-derangement syndrome (FDS) exhibit the following symptoms: unshakable belief in the veracity of manifest absurdities detailed in ancient texts regarding the origins of the cosmos...
  • Did Antonin Scalia just confess to being a creationist?

    06/05/2015 10:43:48 PM PDT · by 2ndDivisionVet · 48 replies
    The Week ^ | June 5, 2015 | Meghan DeMaria
    In a speech at his granddaughter's high school graduation Thursday, Supreme Court Justice Antonin Scalia hinted that he may believe some tenets of creationism. "Class of 2015, you should not leave Stone Ridge High School thinking that you face challenges that are at all, in any important sense, unprecedented," Scalia said during the speech. "Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges as confronted are any worse now, or alas even much different, from what they ever were." ThinkProgress notes that Scalia's statement is a bit odd, since the...
  • U.S. top court declines request to revive Arizona immigration law

    06/01/2015 7:02:51 AM PDT · by Citizen Zed · 5 replies
    The Jamestown Sun ^ | 6-1-2015 | Chris Olson
    WASHINGTON - The U.S. Supreme Court on Monday left intact a ruling that struck down anArizona law that denied bail to illegal immigrants charged with certain felonies. The justices rejected an appeal filed by Maricopa County and its controversial sheriff, Joe Arpaio. Three of the court's conservative justices, Antonin Scalia, Clarence Thomas and Samuel Alito, said they would have heard the case. Four of the nine justices must agree to hear a case for the court to take it up. The court's action means the October 2014 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals, which said the 2006 law is unconstitutional, is the final word in the...
  • Scalia Defends The Constitution, Questions The 17th Amendment

    05/14/2015 7:39:12 PM PDT · by Tolerance Sucks Rocks · 44 replies
    Western Journalism ^ | May 13, 2015 | Randy DeSoto
    Supreme Court Justice Antonin Scalia reaffirmed his commitment to defending the Constitution while speaking to the Federalist Society in his home state of New Jersey on Friday. Scalia, the preeminent conservative firebrand of the court, told the audience it is the structure of the government under the Constitution and not the liberties guaranteed under the Bill of Rights that makes us free. As reported by The Daily Signal: “Every tin horn dictator in the world today, every president for life, has a Bill of Rights,” said Scalia, author of the 2012 book Reading Law: The Interpretation of Legal Texts. “That’s...
  • Antonin Scalia: Ruth Bader Ginsburg: The high Court’s counterweight

    04/19/2015 2:29:20 PM PDT · by EveningStar · 37 replies
    Time ^ | April 16, 2015 | Antonin Scalia
    ... Having had the good fortune to serve beside [Ruth Bader Ginsburg] on [the U.S. Court of Appeals and the Supreme Court], I can attest that her opinions are always thoroughly considered, always carefully crafted and almost always correct (which is to say we sometimes disagree). That much is apparent for all to see ...
  • Clarence Thomas: 'Another Example of This Court’s Increasingly Cavalier Attitude Toward the States'

    02/10/2015 6:03:47 AM PST · by xzins · 141 replies
    CNS ^ | February 9, 2015 | Terence P. Jeffrey
    In a dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas excoriated his fellow justices for refusing to temporarily stop enforcement of a federal district judge's ruling that overturned the marriage laws of the state of Alabama and ordered Alabama to recognize as legal "marriages" unions between two people of the same sex. On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law. Alabama Attorney General Luther Strange petitioned the Supreme Court to prevent the...
  • Justice Scalia: Constitution Doesn’t Prohibit Torture

    12/14/2014 12:30:51 PM PST · by SeekAndFind · 24 replies
    MediaIte ^ | 12/14/2014 | by Matt Wilstein
    In an interview with Radio Television Suisse this week following the release of Senate Intelligence Committee’s CIA torture report, Supreme Court Justice Antonin Scalia said he doesn’t “think it’s so clear at all” that the U.S. Constitution prohibits torture, especially in the “ticking time bomb” scenarios so often cited by defenders of the “enhanced interrogation techniques.” “Listen, I think it’s very facile for people to say, ‘Oh, torture is terrible,’” Scalia told the Swiss radio network. “You posit the situation where a person that you know for sure knows the location of a nuclear bomb that has been planted in...
  • Scalia Challenges Liberals On CIA Torture Debate: ‘You Think It’s An Easy Question?’ [Feinstein EZ]

    12/13/2014 12:29:51 PM PST · by Steelfish · 11 replies
    The Washington Times ^ | December 12, 2013 | Douglas Ernst
    Scalia Challenges Liberals On CIA Torture Debate: ‘You Think It’s An Easy Question?’ By Douglas Ernst December 12, 2014 Supreme CourtJustice Antonin Scalia has waded into the CIA torture debate after Democrats on the U.S. Senate Intelligence Committee released a report on the interrogation techniques used after the Sept. 11, 2001 terrorist attacks. Justice Scalia, speaking Wednesday with a Swiss broadcaster on the issue, accused American and European liberals of being unduly self-righteous on the matter given the kind of real-world scenarios that could unfold, The
  • Scalia: Constitution silent on torture

    12/13/2014 12:26:39 PM PST · by shove_it · 60 replies
    GOPUSA ^ | 13 Nov 2014 | AP
    WASHINGTON (AP) — Supreme Court Justice Antonin Scalia is joining the debate over the Senate's torture report by saying it's hard to rule out the use of extreme measures to extract information if millions of lives were threatened. Scalia told a Swiss broadcast network that American and European liberals who say such tactics may never be used are being self-righteous. The 78-year-old justice said he doesn't "think it's so clear at all," especially if interrogators were trying to find a ticking nuclear bomb. Scalia has made similar comments in the past, but he renewed his remarks on Wednesday in an...
  • An Unlikely Trio Files a Rare Supreme Court Protest (Ginsburg, Scalia, Thomas)

    10/14/2014 7:40:57 PM PDT · by EveningStar · 8 replies
    The Atlantic ^ | October 14, 2014 | Russell Berman
    Justices Ruth Bader Ginsburg and Antonin Scalia share a famous fondness for the opera, but they don't often find themselves on the same side of divided Supreme Court decisions. So it was noteworthy on Tuesday when, along with conservative Justice Clarence Thomas, Ginsburg and Scalia teamed up to file a strongly-worded dissent in the court's decision to reject an appeal in a crack-cocaine sentencing case. The move to submit a signed dissent, noted first by, was rare enough. The Supreme Court denies a vast majority of the petitions it receives, usually without any explanation or dissenting opinions. That's true...
  • Commentary: Why we should repeal the 17th Amendment

    09/24/2014 11:11:00 PM PDT · by Tolerance Sucks Rocks · 30 replies
    The Elko Daily Free Press ^ | September 24, 2014 | Thomas Mitchell
    We managed to repeal the 18th Amendment, which created Prohibition. It is time to repeal the 17th. What? You have no idea what the 17th Amendment is? Well, it is the one that effectively ended federalism by taking the power to appoint U.S. senators from state legislatures and having the citizens directly elect them, as they had always done with the House of Representatives. We may not get better senators, but it is likely they would not try dictating to the states what they should do — as they did when they set the national speed limit at 55 mph...
  • Scalia To Student: If Taxes Go Too High ‘Perhaps You Should Revolt’

    04/19/2014 12:17:52 PM PDT · by 2ndDivisionVet · 66 replies
    WNEW-FM ^ | April 18, 2014
    Knoxville, Tenn. (CBS DC) – Supreme Court Justice Antonin Scalia told a crowd of law school students that if taxes in the U.S. become too high then people “should revolt.” Speaking at the University of Tennessee College of Law on Tuesday, the longest-serving justice currently on the bench was asked by a student about the constitutionality of the income tax, the Knoxville News Sentinel reports. Scalia responded that the government has the right to implement the tax, “but if it reaches a certain point, perhaps you should revolt.”(continued)

    04/19/2014 2:49:04 PM PDT · by BuckeyeTexan · 105 replies ^ | 4/19/2014 | Pam Key
    Thursday in an interview conducted at the National Press Club in Washington, D.C., Justices Antonin Scalia and Ruth Bader Ginsburg talked about their views of the First Amendment. Moderator Marvin Kalb questioned Scalia about whether the NSA wiretapping cloud be conceivably be in violation of the Constitution: Justice Antonin Scalia said, "No because it's not absolute. As Ruth has said there are very few freedoms that are absolute. I mean your person is protected by the Fourth Amendment but as I pointed out when you board a plane someone can pass his hands all over your body that's a terrible...
  • Justice Antonin Scalia Remembers When Toting a Rifle in New York was a Non-event

    04/02/2014 7:20:11 PM PDT · by marktwain · 51 replies
    Gun Watch ^ | 1 April, 2014 | Dean Weingarten
    Back before the big gun blogs existed, back before President Obama was elected, the AP ran a news article that showed how much the culture has been conditioned to fear firearms: "I grew up at a time when people were not afraid of people with firearms," said Scalia, noting that as a youth in New York City he was part of a rifle team at the military school he attended. "I used to travel on the subway from Queens to Manhattan with a rifle," he said. "Could you imagine doing that today in New York City?" I have heard...
  • Scalia: NSA spying debate may reach Supreme Court

    03/22/2014 1:35:26 PM PDT · by jazusamo · 14 replies
    The Washington Times ^ | March 22, 2014 | Kellan Howell
    Supreme Court Justice Antonin Scalia responded to student questions with a cryptic answer with possible implications about the NSA’s domestic surveillance programs on Friday night. During a Q & A session curated by Brooklyn Law School’s Judge Andrew Napolitano, who began a discussion about the NSA’s controversial surveillance of Americans, Just Scalia said the issue would likely come before the high court, Business Insider reported.
  • US Supreme Court reviews gun law for domestic violence offenders (Lautenberg Amendment)

    01/16/2014 3:55:19 PM PST · by Red Steel · 50 replies
    yahoo ^ | Jan 16, 2014
    Washington (AFP) - The US Supreme Court heard arguments as it struggles to determine whether domestic violence offenders could be barred from possessing a firearm even if they have only committed minor offenses. The high court's nine justices took up the case of James Castleman, who argues that his domestic assault conviction in Tennessee for intentionally or knowingly causing "bodily injury" to the mother of his child did not prohibit him under federal law from owning a gun. Investigators later learned that he was illegally trafficking guns, and Castleman was charged with violating a ban on gun possession for people...
  • Justice Scalia: 14th amendment for all, not ‘only the blacks’ (Michigan affirmative action case)

    10/19/2013 4:16:04 PM PDT · by dennisw · 16 replies
    The Washington Times ^ | Tuesday, October 15, 2013 | By Stephen Dinan
    But Justice Antonin Scalia balked at that interpretation. “My goodness, I thought we’ve held that the 14th Amendment protects all races,” he said. “I mean, that was the argument in the early years, that it protected only the blacks. But I thought we rejected that.” He challenged Ms. Driver to cite one Supreme Court precedent that agreed the Equal Protection Clause was designed only to apply to blacks. She said she could not. The amendment in Michigan, known as ballot Proposal 2, targeted policies adopted by the governing boards and faculty at state schools including the University of Michigan, Michigan...
  • In Conversation: Antonin Scalia

    10/07/2013 4:19:51 PM PDT · by EveningStar · 11 replies
    New York Magazine ^ | October 6, 2013 | Jennifer Senior
    On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy (“I don’t”). On September 26—a day that just happened to be the 27th anniversary of his swearing-in as associate justice—Antonin Scalia entered the Supreme Court’s enormous East Conference Room so casually that one might easily have missed him. He is smaller than his king-size persona suggests, and his manner more puckish than formal. Washingtonians may know Scalia as charming and disarming, but most outsiders tend to regard him...
  • Kagan recounts how her hunting trips began

    09/19/2013 9:32:15 PM PDT · by Olog-hai · 7 replies
    Associated Press ^ | Sep 19, 2013 10:19 PM EDT | Bruce Schreiner
    Supreme Court Justice Elena Kagan says her hunting outings with fellow Justice Antonin Scalia began with an offhand promise during her Senate confirmation. … She promised to ask Scalia—an avid hunter—to take her hunting if she won confirmation. …
  • MSNBC Contributor Assures: I've Never Gotten Frisky With Fido

    03/26/2013 6:45:10 PM PDT · by governsleastgovernsbest · 27 replies
    NewsBusters ^ | Mark Finkelstein
    There's been plenty of serious analysis of the Supreme Court's handling of the gay marriage cases before it. Maybe it's time for some comic relief . . Appearing on Al Sharpton's MSNBC show this evening, MSNBC contributor Jimmy Williams took issue with Justice Antonin Scalia's wondering whether if states can't prohibit gay marriage, they can ban bestiality. Describing himself as "a certified, organic homosexual," Williams declared "I have a dog, but I've never had sex with my dog." View the video here.
  • Takes Lincoln Out of Context to Present Him As 'Living Constitution' ...

    01/30/2013 4:26:31 PM PST · by Kaslin · 30 replies ^ | January 30, 2013 | Ken Shepherd
    It's a perilous proposition to insist that a long-dead historical figure would share your politics. It's doubly so when your documentary evidence is thin and you are twisting the proper meaning of the words in that supposed evidence. Take the case of's Nick Ramsey, who insists that Abraham Lincoln would strongly disagreed with Justice Antonin Scalia that the U.S. Constitution is a dead document rather than a living constitution that can evolve outside the constitutionally-provided mechanism for such evolution: the amendment processes described in Article VII. "This is an issue that constitutional experts have debated for years and years,...
  • Public Enemy Number One

    09/28/2012 5:53:02 AM PDT · by Brett L. Baker · 10 replies
    I believe the subject of this treatise will be about an individual which a great many people consider to be public enemy number one. For those of you who have read my other treatises, I hate to disappoint you, this particular treatise will not be the scathing witch hunt which uncovers the corruptness of our so-called leadership or of any particular leader for that matter. Instead, I am going to spend the time looking into a man who much of the public seems to intensely dislike, but for whom I have a great deal of respect. While there are nine...
  • The Triumph of the Text

    08/29/2012 8:06:30 AM PDT · by american_steve · 2 replies
    The Wall Street Journal ^ | August 29, 2012 | David B. Rivkin, Jr.
    For many years now, a debate has raged over how best to interpret the Constitution and other canonical legal texts. One way of grouping the warring parties is to divide them according to their views of writing itself—the words on the page. The textualists feel a strong loyalty, even a moral commitment, to the words themselves and the meanings they were intended to convey. The non-textualists have a very different approach, guided by a peculiar view of democratic society and the law. Like the government in Anthony Burgess's "A Clockwork Orange"—setting out to adjust the behavior of inherently flawed men...
  • Holder and DOJ hoping Justice Scalia will rule ObamaCare Constitutional

    03/24/2012 9:43:14 AM PDT · by Oldpuppymax · 25 replies
    Coach is Right ^ | 3/24/2012 | Doug Book
    On Monday oral arguments will begin for the Patient Protection and Affordable Care Act, a case which will demand arguably the most important ruling the Supreme Court will make in a century. And the Court’s decision on the Constitutionality of ObamaCare’s individual mandate will indeed be that important, for a finding that it is Constitutional and may therefore be implemented would provide the federal government unlimited, dictatorial power over the lives and actions of the American people. The 11th Circuit Court of Appeals found the individual mandate unconstitutional, ruling quite correctly that the Article I, Section 8 Commerce Clause powers...
  • The liberal campaign against SCOTUS conservatives

    03/07/2011 7:58:32 AM PST · by Sub-Driver · 16 replies
    The liberal campaign against SCOTUS conservatives By: Kenneth P. Vogel March 7, 2011 04:43 AM EST Still reeling from a 2010 Supreme Court ruling that opened the door to an explosion of political ads from corporate interests, and fearful the court could overturn President Barack Obama’s healthcare overhaul, liberal groups have launched an aggressive – and at times personal – attack on the court’s most conservative justices. The sharp questioning of the impartiality and ethics of Justices Clarence Thomas, Antonin Scalia and to a lesser extent Samuel Alito represents the most concerted attack on a bloc of justices since the...
  • Scalia and the Commerce Clause

    02/09/2011 8:53:15 AM PST · by Hawk720 · 37 replies
    National Review ^ | Feburary 9, 2011 | Robert VerBruggen
    As the challenge to Obamacare’s constitutionality approaches the Supreme Court, the question on everyone’s mind is: How will Anthony Kennedy vote? But perhaps we should also ask: How will Antonin Scalia vote? Scalia is known as one of the Court’s most conservative justices, but a concurrence he wrote in a 2005 case should give opponents of the health-care law pause.
  • Does Scalia belong at Bachmann sessions?

    01/24/2011 5:31:18 PM PST · by ButThreeLeftsDo · 29 replies ^ | 1/24/11 | Kevin Diaz
    U.S. Rep. Michele Bachmann, R-Minn., raised a few eyebrows last fall when she announced plans to hold "Conservative Constitutional Seminars" for arriving members of the new GOP-controlled House. But the decision of U.S. Supreme Court Justice Antonin Scalia to speak at the first class on Monday has raised legal hackles about his participation in what turns out to be a closed-door event in conjunction with Bachmann's Tea Party Caucus. One of the most outspoken critics is University of Minnesota law professor Richard Painter, chief White House ethics lawyer under former President George W. Bush. Painter notes that Bachmann is among...
  • Fems and Dems Say Scalia’s Remarks Make Passing ERA Essential (title shortened)

    01/07/2011 5:43:33 AM PST · by markomalley · 14 replies
    Cybercast News Service ^ | 1/7/2011 | Penny Starr
    Several House and Senate Democrats joined feminists at a press conference outside the U.S. Capitol on Thursday to push for the introduction and passage of a constitutional amendment guaranteeing women’s rights. The conference was timed to coincide with the reading of the U.S. Constitution on the House floor, as ordered by the newly elected Speaker of the House John Boehner (R-Ohio). “Recently, Supreme Court Justice (Antonin) Scalia stated his opinion that no provision in the Constitution, or the 14th amendment, would provide full and true equality to women and give them protection against sex discrimination,” Rep. Carolyn Maloney (D-N.Y.) said....
  • Scalia: Abortion not in the Constitution

    01/04/2011 2:50:43 PM PST · by NYer · 46 replies · 1+ views
    Life Site News ^ | January 4, 2011 | JOHN JALSEVAC
    Supreme Court Justice Antonin Scalia (Photo: Stephen Masker) January 4, 2011 ( – In a recent interview with California Lawyer, Supreme Court Justice Antonin Scalia stated that abortion is not included in the U.S. Constitution. Scalia, who is opposed to the notion of an “evolving” or “living” Constitution, told interviewer Calvin Massey that by giving some of the “necessarily broad” provisions of the Constitution an “evolving meaning,” these provisions fail to do their job, which is to put in place limitations on what society can or cannot do. Even if “the current society has come to different views [than the...
  • The Originalist (Interview with Antonin Scalia)

    01/04/2011 10:29:56 AM PST · by markomalley · 10 replies
    California Lawyer ^ | 1/2011 | Calvin Massey
    Last October marked the 24th anniversary of Justice Antonin Scalia's appointment to the U.S. Supreme Court. Well known for his sharp wit as well as his originalist approach to the Constitution, Justice Scalia consistently asks more questions during oral arguments and makes more comments than any other Supreme Court justice. And according to one study, he also gets the most laughs from those who come to watch these arguments. In September Justice Scalia spoke with UC Hastings law professor Calvin Massey. Q. How would you characterize the role of the Supreme Court in American society, now that you've been a...
  • Don't Give Trial Lawyers This Booster Shot

    10/27/2010 10:23:06 PM PDT · by neverdem · 9 replies
    The American ^ | October 15, 2010 | John E. Calfee
    Anyone who thinks the vaccine case now before the Supreme Court is merely a matter of giving injured plaintiffs their day in court has misconceived the stakes for those who reap the benefits of vaccines. The U.S. Supreme Court has just heard oral arguments in the case of Bruesewitz v. Wyeth, in which the parents of a severely disabled child wish to sue the manufacturer of a childhood vaccine for causing their child’s disability. At this stage, the dispute is over a purely legal issue: the scope of federal preemption. The 1986 National Childhood Vaccine Injury Act largely removed childhood...
  • Justice Elena Kagan's first vote is against an execution

    10/28/2010 5:41:14 AM PDT · by jda · 34 replies
    Los Angela Times ^ | 27 October 2010 | David G. Savage
    Justice Elena Kagan cast her first recorded vote on the Supreme Court late Tuesday, joining the liberals in dissent when the high court cleared the way for the execution of an Arizona murderer. The 5-4 ruling overturned orders by a federal judge in Phoenix and the U.S. 9th Circuit Court of Appeals in San Francisco that had stopped the execution by lethal injection of Jeffrey Landrigan. A judge had put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use. "There is no evidence in the record to suggest...
  • Top liberal law prof advised Obama not to pick ‘bully’ Sonia Sotomayor [calls her Aff Action hire]

    10/28/2010 12:37:22 PM PDT · by · 33 replies
    Washington Examiner ^ | Matthew Sheffield
    One wonders how Ed Whelan of the Ethics and Public Policy Center managed to get a hold of a private letter sent to President Obama by Harvard law professor Laurence Tribe advising him against nominating Sonia Sotomayor to the Supreme Court, but be that as it may, its contents are quite interesting and show just how nakedly political Tribe’s view of a justice really is and also how little he thinks of Sotomayor. In the May 2009 letter (PDF link here), Tribe advises Obama to refrain from choosing Sotomayor because “she’s not nearly as smart as she seems to think...
  • Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”

    10/28/2010 10:34:51 AM PDT · by Nachum · 36 replies
    National Review Online ^ | 10/28/10 | Ed Whelan
    I’ve obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protégé, President Barack Obama, in the immediate aftermath of Justice Souter’s announcement of his decision to retire from the Court. I will post a PDF of the letter shortly. [Update: Here’s the letter.] In the meantime, I’ll call attention, in this post and two or three others, to some of its highlights. The express purpose of Tribe’s letter is to urge that Obama nominate Elena Kagan to the Souter vacancy. But before making his affirmative case for Kagan, Tribe argues strongly against the...
  • Repealing the Seventeenth Amendment

    07/01/2010 9:14:54 AM PDT · by Tolerance Sucks Rocks · 20 replies · 1+ views
    Capital Gains and Games ^ | June 3, 2010 | Bruce Bartlett
    The New York Times recently published two back-to-back articles (here and here) mocking members of the Tea Party Movement for supporting repeal of the 17th Amendment to the Constitution—the one that changed the election of US Senators from state legislatures to the popular vote system we have today. Having endorsed this idea myself on occasion, I am compelled to say that just because some crazy people endorse an idea doesn’t necessarily make the idea crazy. Following are links to some serious commentaries supporting a return to the original system of electing senators established by the Constitution.   George Mason Law...
  • Advice for a new grad (Justice Scalia's Graduation Speech to Langley High School -- GREAT PIECE!)

    06/20/2010 4:00:01 PM PDT · by SeekAndFind · 16 replies
    New York Post ^ | 06/19/2010 | Antonin Scalia
    On Thursday, Justice Antonin Scalia gave the commencement address at Langley High School, in Virginia, where his granddaughter was graduating. An excerpt:
  • The Right’s Supreme Court Acquiescence

    05/16/2010 3:51:00 PM PDT · by JimPrevor · 11 replies · 520+ views
    The Weekly Standard ^ | May 16, 2010 | Jim Prevor
    Although one can understand Estrada’s personal desire to be magnanimous in defeat, his letter is ill-advised. From a purely tactical stand-point, the implications of what Estrada is saying are obvious: If the Democrats block nominees on ideological grounds -- as they did with Estrada -- and the Republicans rely on traditional credentials, eschewing ideology, we will wind up with a court of well-credentialed liberals.
  • Scalia and Breyer Go At It Once Again

    03/24/2010 1:22:45 PM PDT · by presidio9 · 45 replies · 1,539+ views
    The Wall Street Journal ^ | March 24, 2010 | Ashby Jones
    How is the U.S. constitution meant to be read by the judges who interpret it? As it was written and ratified back in the 1780s? Or are its words and phrases meant to change along with a society’s customs, mores and viewpoints? It’s a debate that’s roiled the justices on the U.S. Supreme Court for years; a divide currently embodied in Justices Antonin Scalia and Justice Stephen Breyer (pictured). Scalia’s an unapologetic “originalist,” while Breyer, author of a book called Active Liberty, tends to push for a more expansive reading of the Great Document. On Tuesday, the duo talked about...
  • 'Right To Bear Arms' Means Just That

    03/03/2010 4:48:00 PM PST · by Kaslin · 52 replies · 1,891+ views ^ | March 3, 2010 | INVESTORS BUSINESS DAILY Staff
    Otis McDonald, 76, stands before the Supreme Court, which Tuesday heard arguments in his suit to overturn Chicago's handgun ban Gun Rights: Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. We think so too. On Tuesday, the Supreme Court heard arguments on behalf of four Chicago residents led by homeowner McDonald, the Second Amendment Foundation and the Illinois State Rifle Association to overturn Chicago's three-decade-old ban on owning handguns. In a 5-4...
  • The Scalia v. Stevens Smackdown

    02/10/2010 4:24:16 PM PST · by GOP_Lady · 17 replies · 1,580+ views
    The Wall Street Journal ^ | 02-10-10 | DANIEL HENNINGER
    Nothing—not even George W. Bush—has sent liberaldom screaming into the streets more than the Supreme Court's recent 5-4 decision in Citizens United v. Federal Election Commission. The Court's ruling that corporations have a free-speech right to express opinions about politicians running for office really let the furies out. President Obama's in-their-face criticism of the Supreme Court over Citizens United at his State of the Union speech got pundits on every blogger barstool chattering about the propriety of this public smackdown. That's nothing compared to how the Supremes smack each other inside their public decisions. Justice John Paul Stevens dismissed the...