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Keyword: scalia

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  • Scalia: Natural Born Requires Jus Soli ("of the soil")

    01/06/2016 3:58:46 PM PST · by sunrise_sunset · 86 replies
    Chicago_Kent College of Law ^ | 1/9/2001 | Supreme Court Transcript
    Tuan Anh Nguyen vs IRS (No 99-2071) Transcript at the Oral Argument pop-up Justice Scalia: I mean, isn't it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England ? They did not want that. Davis: Yes, by the same token... Scalia: That is jus soli, isn't it ? Davis: By the same token, one could say that the provision would apply now to ensure that Congress can't apply suspect classifications to keep certain individuals...
  • Scalia Dismisses Concept of Religious Neutrality in Speech

    01/02/2016 12:56:42 PM PST · by Isara · 21 replies
    AP via Newsmax ^ | Saturday, 02 Jan 2016
    Supreme Court Justice Antonin Scalia says the idea of religious neutrality is not grounded in the country's constitutional traditions and that God has been good to the U.S. exactly because Americans honor him.Scalia was speaking Saturday at Archbishop Rummel High School in Metairie,.....Scalia, who was appointed by President Ronald Reagan in 1986, has consistently been one of the court's more conservative members.He told the audience at the Catholic school that there is "no place" in the country's constitutional traditions for the idea that the state must be neutral between religion and its absence.He also said there is "nothing wrong" with...
  • Reality vs. 'Mismatch': Becoming Unhinged at Justice Scalia Over Race

    12/15/2015 2:10:05 PM PST · by jazusamo · 15 replies
    PJ Media ^ | December 15, 2015 | J. Christian Adams
    Defenders of racial preferences are good at two things: ignoring the real-world consequences of their policies, and attacking anyone who notices the consequences. At the recent argument in Fisher v. University of Texas at Austin, Justice Scalia asked a question that illustrated that the victims of racial preferences in college admissions include not only the people denied admission because they are not the preferred race, but also the people preferences are designed to help. At oral argument, Justice Scalia said: There are those who contend that it does not benefit African-Americans to get them into the University of Texas...
  • Levin: Donald Trump “Screwed Up.”

    12/15/2015 6:37:39 AM PST · by Isara · 185 replies
    Conservative Review ^ | December 15th, 2015 | Chris Pandolfo
    On Monday night’s radio program, Conservative Review Editor-in-Chief Mark Levin called out Donald Trump for mimicking the statists and the Republican establishment by attacking rival Ted Cruz and Supreme Court Justice Antonin Scalia over the weekend.Listen: Listen to the audio at the link.Levin cited three “reckless comments” made by Donald Trump.First, Mr. Trump joined in with a leftist on CNN to dump on Justice Scalia, who’s comments during oral argument have been unfairly accused of being racist. Conservatives know better. Second, Levin said that Mr. Trump’s insinuation that Ted Cruz is bought and paid for by Texas oil companies...
  • Levin: Trump ‘Really Screwed Up’ On Scalia, Cruz, Ethanol, Anyone ‘Moderately Conservative'...

    12/14/2015 7:37:06 PM PST · by Isara · 160 replies
    Breitbart ^ | 14 Dec 2015 | Ian Hanchett
    ....Levin said, “I am not going to defend reckless comments, where a candidate or candidates defend the poison that is the Republican establishment, especially [Sen.] Sen. Mitch McConnell (R-KY) in the United States Senate. I am not going to defend blowing out our federal budget subsidizing agribusiness and leftists with ethanol that screw up your engine and drive up the price of fuel and the price of corn. I am not going to defend an attack led by the media and the left trying to smear Antonin Scalia, who’s been on the Supreme Court for over 30 years, one of...
  • Mark Levin Unloads on Trump for Attacking Cruz: Do You Think All Conservatives Are Maniacs?!

    12/14/2015 7:27:01 PM PST · by Isara · 113 replies
    Mediaite ^ | December 14th, 2015 | Josh Feldman
    Mark Levin sounded pretty angry with Donald Trump tonight for some "stupid" blunders, including his trashing of Ted Cruz as a "maniac."Levin is a big fan of Cruz and loves how passionately he takes on the establishment, and so naturally he was more than a little dismayed to see Trump--who Levin said should be on the same side as Cruz on this--falling for the liberal media trap.As a reminder, yesterday on Fox News Sunday, Trump said that Cruz won't be able to get anything done as president because "you can't walk into the Senate and scream and call people liars...
  • Trump ‘Really Screwed Up’ On Scalia, Cruz, Ethanol..

    12/14/2015 7:02:23 PM PST · by big'ol_freeper · 148 replies
    Breitbart.com ^ | 14 Dec 15 | IAN HANCHETT
    Talk radio host Mark Levin criticized Republican presidential candidate Donald Trump for his remarks on ethanol, Supreme Court Justice Antonin Scalia, and ethanol, arguing Trump “really screwed up,” and particularly criticized Trump’s position on ethanol as “pandering” and asking, “why would anybody support that who runs as a Republican?” on Monday. Levin said, “I am not going to defend reckless comments, where a candidate or candidates defend the poison that is the Republican establishment, especially [Sen.] Sen. Mitch McConnell (R-KY)48% in the United States Senate. I am not going to defend blowing out our federal budget subsidizing agribusiness and leftists...
  • Sowell: Attacking the Truth

    12/14/2015 12:42:52 PM PST · by jazusamo · 16 replies
    Creators Syndicate ^ | December 15, 2015 | Thomas Sowell
    Among the many sad signs of our time are the current political and media attacks on Supreme Court Justice Antonin Scalia, for speaking the plain truth on a subject where lies have been the norm for years. The case before the High Court is whether the use of race as a basis for admitting students to the University of Texas at Austin is a violation of the 14th Amendment's requirement for government institutions to provide "equal protection of the laws" to all. Affirmative action is supposed to be a benefit to black and other minority students admitted with lower academic...
  • Donald Trump: ‘I don’t like’ what Scalia said about affirmative action

    12/14/2015 7:23:33 AM PST · by SeekAndFind · 79 replies
    The Hill ^ | 12/14/2015 | By Bradford Richardson
    GOP presidential front-runner Donald Trump says he does not agree with comments from Supreme Court Justice Antonin Scalia questioning the efficacy of affirmative action. "I don’t like what he said, no, I don't like what he said. I heard him, I was like, "Let me read it again," because I actually read it in print, and I'm going, I read a lot of stuff, and I'm going, 'Woah,' " Trump said in an interview televised Sunday on CNN's "State of the Union." The billionaire said he thought Scalia's comments were "very tough to the African-American community." GOP presidential front-runner Donald...
  • Scalia Practices Reason, Not Racism

    12/10/2015 11:37:22 AM PST · by Cincinatus' Wife · 9 replies
    The National Review ^ | December 10, 2015 | Charles C. W. Cooke
    Demonstrating once again that his reputation for cheap demagoguery has been well-earned, Senator Harry Reid this morning took a wild shot at Justice Antonin Scalia. "It is deeply disturbing," Reid suggested, "to hear a Supreme Court justice endorse racist ideas from the bench of the nation's highest court." In advancing this accusation, Reid was boosting a meme that has become popular on the left since yesterday evening. A representative example of its underlying charge can be found today in The Hill: >>>Justice Antonin Scalia surprised the Supreme Court and the public during Wednesday's oral arguments in a case challenging affirmative...
  • Reid calls Scalia's remarks in affirmative action case 'racist'

    12/10/2015 11:16:27 AM PST · by redreno · 43 replies
    http://www.reviewjournal.com ^ | 12/10/2015 | By Tal Kopan and Ted Barrett
    WASHINGTON — Senate Minority Leader Harry Reid on Thursday took to the Senate floor to attack Supreme Court Justice Antonin Scalia's comments during an affirmative action case as "racist," and sought to tie him to Donald Trump and Republicans. The Nevada Democrat was responding to a line of questioning from Scalia during oral arguments at the court on Wednesday in an affirmative action case, Fisher v. Texas. Scalia seemed to suggest that some African-Americans don't belong in top colleges.
  • Scalia argues black students benefit from slower colleges

    12/09/2015 2:57:19 PM PST · by ek_hornbeck · 45 replies
    Yahoo ^ | 12/9/15 | Liz Goodwin
    Near the end of oral argument in a high-profile affirmative-action case Wednesday, conservative U.S. Supreme Court Justice Antonin Scalia suggested that black students benefit from a “slower track” at less prestigious schools and are thus harmed by affirmative action. The comments come during a time of racial turmoil on campuses across the country, from Yale to the University of Missouri. “There are those who contend that it does not benefit African-Americans to get them into the University of Texas, where they do not do well — as opposed to having them go to a less advanced school, a slower-track school...
  • Justice Scalia explained why Kim Davis should issue marriage licenses or find a new job

    09/02/2015 1:50:37 PM PDT · by SeekAndFind · 62 replies
    Washington Post ^ | 09/02/2015 | By Jonathan H. Adler
    Kim Davis, the clerk of Rowan County, Ky., refuses to issue marriage licenses to same-sex couples because she believes same-sex marriage is immoral. According to Davis, her religious convictions prevent her from issuing the license: To issue a marriage license which conflicts with Gods definition of marriage, with my name affixed to the certificate, would violate my conscience. In the wake of the Supreme Courts decision in Obergefell v. Hodges, Kentucky Gov. Steven Beshear ordered all county clerks in the state to issue marriage licenses to same-sex couples, but Davis refused. A federal district court ordered her to comply and...
  • Judge Orders Release of Immigrant Children Detained by U.S. (Mothers to be released, too)

    07/26/2015 8:09:57 AM PDT · by jimbo123 · 18 replies
    NY Times ^ | 7/25/15 | JULIA PRESTON
    A federal judge in California has ruled that the Obama administrations detention of children and their mothers who were caught crossing the border illegally is a serious violation of a longstanding court settlement, and that the families should be released as quickly as possible. In a decision late Friday roundly rejecting the administrations arguments for holding the families, Judge Dolly M. Gee of Federal District Court for the Central District of California found that two detention centers in Texas that the administration opened last summer fail to meet minimum legal requirements of the 1997 settlement for facilities housing children. -snip-...
  • Justice Scalia: Why he's a bad influence (Cry Baby Can't Take Insults)

    07/15/2015 3:02:10 PM PDT · by Titus-Maximus · 31 replies
    LA TImes ^ | 7/14/2015 | Erwin Chemerinsky
    Justice Antonin Scalia is setting a terrible example for young lawyers. Ignore, for now, his jurisprudence, his famously strict originalism; it's his tone that's the problem. I have taught argumentation for many years, first as an instructor to high school and college debaters, currently as a law professor. Throughout my career I have always cautioned students away from nastiness as a crutch for those who cannot win using reason or legal precedent. I have told them to stick to persuasion and to dissecting the opposition's logical fallacies. But lately my students have been turning in legal briefs laced with derision...
  • From rage aria to lovely duet, opera does justice to court, Ginsburg says

    07/08/2015 1:11:57 PM PDT · by Borges · 10 replies
    Washington Post ^ | 7/8/2015 | Geoff Edgers
    He sang with great verve, Justice Ruth Bader Ginsburg said of Justice Antonin Scalia in a phone interview with The Washington Post this week. Nino, as she calls him, is her philosophical opposite and great friend. And Saturday, Ginsburg will watch and listen to their relationship played out on the stage at the Castleton Festival in Virginia. Derrick Wangs one-act opera, Scalia/Ginsburg,
  • TEXT OF JUSTICE SCALIA'S FULL DISSENT ON THE SAME-SEX MARRIAGE RULING

    06/30/2015 6:52:23 AM PDT · by SeekAndFind · 22 replies
    FrontPage Mag ^ | 06/30/2015 | Antonin Scalia
    I join THE CHIEF JUSTICEs opinion in full. I write separately to call attention to this Courts threat to American democracy. The substance of todays decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance. Those civil consequencesand the public approval that conferring the name of marriage evidencescan perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to...
  • Why Scalia should resign [Barf alert]

    06/29/2015 8:33:15 AM PDT · by SeekAndFind · 39 replies
    The Week ^ | 06/29/2015 | Michael Brendan Dougherty
    Supreme Court Justice Antonin Scalia should resign.That's the thought I had while reading his acid dissents in the two headline-grabbing Supreme Court cases last week, one affirming the IRS's interpretation of the Affordable Care Act, and the other discovering a right to same-sex marriage in the 14th Amendment.Scalia's considered view is that the court has usurped power from Congress in the health care law, and from the American people themselves in the marriage case.Ultimately, on the health care case, John Roberts agreed with most of the claims of the plaintiffs, but decided to rewrite the disputed clause because, as he...
  • Scalia: Gay marriage decision shows court is America's 'ruler'

    06/26/2015 2:58:55 PM PDT · by South40 · 46 replies
    MSN (The Hill) ^ | 26 JUN 2015 | Ben Kamisar
    Justice Antonin Scalia is chastising the Supreme Courts landmark decision legalizing same-sex marriage on Friday as an affront to the principle of democratic rule. Scalia argues in his opinion that the court is increasingly creating policy rather than serving as a neutral arbiter. Todays decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court, he writes.This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they...
  • This week went from Rino collaborators to the Republics death knell(Tell me Im wrong, PLEASE)

    06/26/2015 8:56:15 AM PDT · by Voice of Reason1 · 58 replies
    June 26 2015 | Vanity
    *Weapons grade sarcasm* Isnt great that we can witness history in the making? Many times people dont realize what is happening at the moment is historic because the are living it. We werent at the birth of our Constitutional Republic or at its major moments in becoming the greatest country on planet earth. But now we have the great honor of witnessing its death knell.. Of the two decision by the Extreme Court this week, the Obamacare was the most egregious because of two very ominous reasons:1. The national Socialist left can now try the You have a right to...
  • Scalia Dissent: I write separately to call attention to this Courts threat to American democracy

    06/26/2015 8:06:38 AM PDT · by xzins · 273 replies
    Supreme Court.gov ^ | 26 Jun 15 | Antonin Scalia
    I write separately to call attention to this Courts threat to American democracy. The substance of todays decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance. 2 OBERGEFELL v. HODGES SCALIA, J., dissenting Those civil consequencesand the public approval that conferring the name of marriage evidencescan perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me...
  • When Words No Longer Matter

    06/26/2015 6:11:23 AM PDT · by NOBO2012 · 2 replies
    Michelle Obama's Mirror ^ | 6-26-2015 | MOTUS
    When words no longer matterwe cease to be a nation of laws and become a nation of Scotuscare. When words no longer matter the Judicial Branch can appropriate the powers of the Legislative Branchwhich they have more or less conceded to the Executive Branch anyway.When words no longer matter well, that reminds me of a song:"Revolution"You say you want a revolution Well you know We all want to change the world You tell me that it's evolution Well you know We all want to change the world But when you talk about destruction Don't you know you can count me...
  • 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...
  • Justice Scalia's Dissenting Opinion in King v Burwell

    06/25/2015 11:19:19 AM PDT · by NRx · 37 replies
    SCOTUS ^ | 06-25-2015 | Antonin Scalia
    No excerpt. It's a PDF. Scalia's dissenting opinion begins on page 27.
  • Scalia Slams Roberts as Biased In Obamacare Cases

    06/25/2015 10:30:47 AM PDT · by Servant of the Cross · 71 replies
    National Review ^ | 6/25/2015 | Joel Gehrke
    I​n a blistering dissent from the majority in King v. Burwell this morning, Supreme Court Justice Antonin Scalia said President Obama’s signature domestic policy achievement should be called “SCOTUScare” rather than Obamacare, in light of how many times Chief Justice John Roberts has intervened to protect the law from a crippling legal defeat. Scalia argued that Roberts rewrote the law twice in 2012, and has now done so a third time in his King decision, which allows the IRS to continue providing subsidies to people who purchase insurance in the federal government’s health-care exchange. “The somersaults of statutory interpretation they...
  • 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 todays decision, the Courts 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, wouldnt one expect States to react by setting up their own Exchanges? And wouldnt that outcome satisfy two of the Acts goals rather than just one: enabling the Acts reforms to work and promoting state involvement in the Acts implementation? The Court protests that the very existence of a federal fallback shows that Congress expected that...
  • 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 courts 21 pages of explanation make it no less so.
  • BREAKING: Healthcare subsidies upheld by SCOTUS

    06/25/2015 7:09:40 AM PDT · by GIdget2004 · 614 replies
    SCOTUS Blog ^ | 06/25/2015 | SCOUTSBLOG
    Six are the Chief, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan.
  • Supreme Court upholds nationwide health care law subsidies

    06/25/2015 7:59:51 AM PDT · by Dr. Thorne · 91 replies
    AP ^ | 6/25/2015 | Mark Sherman
    WASHINGTON (AP) -- The Supreme Court on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans. The justices said in a 6-3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, under the 2010 health care law.
  • Obamacare Ruling May Have Just Killed State-Based Exchanges

    06/25/2015 8:28:26 AM PDT · by Theoria · 49 replies
    The New York Times ^ | 25 June 2015 | Margot Sanger-Katz
    Now that the Supreme Court has ruled that health insurance consumers can receive federal subsidies regardless of their states role in running their insurance market, fewer states may stay in the game.When the Affordable Care Act passed in 2010, most people expected that each state would want to run its own health insurance marketplace. That never really happened, as many states opted to let the federal system, HealthCare.gov, do the work for them. Many of those states that did try running their own marketplaces are starting to think twice.Now, with the Supreme Court ensuring that every states consumers will have...
  • 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...
  • SUPREME COURT UPHOLDS NATIONWIDE HEALTH CARE LAW SUBSIDIES (Scalia: Obamacare is now SCOTUScare)

    06/25/2015 8:00:06 AM PDT · by Kazan · 109 replies
    Associated Press ^ | 6/25/2015 | Mark Sherman
    WASHINGTON (AP) -- The Supreme Court on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans. The justices said in a 6-3 ruling that the subsidies that 8.7 million people currently receive to make insurance affordable do not depend on where they live, under the 2010 health care law.< The outcome is the second major victory for Obama in politically charged Supreme Court tests of his most significant domestic achievement. It came the same day the court gave the administration an unexpected victory by preserving...
  • 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 · 49 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...
  • States could force Catholic priests to perform same-sex marriages or lose legal status...

    04/30/2015 8:47:37 AM PDT · by BlatherNaut · 62 replies
    LifeSiteNews ^ | 4/29/15 | Fr. Mark Hodges
    "States could force Catholic priests to perform same-sex marriages or lose legal status: Justice Scalia" If the Supreme Court rules that same-sex marriage is a constitutional right, one justice has said that the government could force clergy of all denominations to perform gay weddings or lose the ability to officiate any state-sanctioned marriage. On Tuesday, the U.S. Supreme Court heard oral arguments in Obergefell v. Hodges, the case that will decide whether the Constitution forbids states from upholding marriage as the union of one man and one woman. Among the exchanges, Justice Antonin Scalia repeatedly noted that if the High...
  • Antonin Scalia: Ruth Bader Ginsburg: The high Courts 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 ...
  • Here's What Scalia Said About Obamacare Last Week. It's Not What He Said 3 Years Ago.

    03/09/2015 9:59:11 AM PDT · by TangledUpInBlue · 36 replies
    Huff Post ^ | 3/9 | Jonathon Cohn
    It's going to be at least a few weeks, and probably a few months, before we know what the Supreme Court is going to do with Obamacare. But Wednesday's oral arguments in King v. Burwell have already made something very clear: Justice Antonin Scalia isn't too worried about intellectual consistency. Among the many issues that came up Wednesday were the likely consequences if the court rules in favor of the plaintiffs, thereby prohibiting the federal government from distributing Obamacare's tax credits in two-thirds of the states. Millions of people depend on those tax credits to purchase health insurance; without the...
  • Antonin Scalia: Wont Congress Fix Obamacare?

    03/04/2015 2:53:41 PM PST · by DoodleDawg · 64 replies
    National Journal ^ | 3/4/15 | Sam Baker
    Supreme Court Justice Antonin Scalia seems to have faith that Congress would fix Obamacare if the Court weakens itbut not so much faith in the Congress that wrote the law in the first place. Solicitor General Donald Verrilli, arguing on behalf of the Obama administration, warned the Court during oral arguments in King v. Burwell on Wednesday that a ruling invalidating Obamacare's insurance subsidies in most of the country would have disastrous consequences. Premiums would skyrocket, millions of people would lose their coverage, and many states' individual insurance markets could descend into chaos, he said. But Scalia wasn't sure it...
  • Why 3 Supreme Court Justices Didnt Attend the State of the Union

    01/21/2015 7:48:57 AM PST · by South40 · 35 replies
    MSN ^ | 20 JAN 2015 | Tessa Berenson
    The wording in the Constitution is simple and straightforward: the President shall from time to time give to the Congress Information of the State of the Union. There's nothing in there about the Supreme Court justices and, accordingly, there's nothing simple and straightforward about their attendance. This year, six justices were in attendance, while three of the most conservative members of the court, Justices Antonin Scalia, Clarence Thomas and Samuel Alito were noticeably absent. In the modern era, custom has held that the justices would show up in their official robes and sit impassively. But in recent years, they've become...
  • Scalia accuses fellow justices of discriminating against pro-lifers

    06/27/2014 8:36:32 PM PDT · by Foundahardheadedwoman · 8 replies
    The Daily Caller/Fox News ^ | June 27, 2014 | Tristyn Bloom
    While Thursdays ruling overturning buffer zones outside abortion clinics pleased pro-life activists, Justice Antonin Scalia thinks it didnt go far enough. The court unanimously agreed that the Massachusetts law, which barred protesters and counselors from being within 35 feet of abortion clinics, violated the First Amendment, but denied that it unfairly discriminated against abortion opponents. Todays opinion carries forward this Courts practice of giving abortion-rights advocates a pass when it comes to suppressing the free-speech rights of their opponents, wrote Justice Antonin Scalia, with whom Justices Anthony Kennedy and Clarence Thomas concurred. There is an entirely separate, abridged edition of...
  • Scalia: Supreme Court Making Major Change To Constitution's Religious Liberty Protections

    06/17/2014 9:47:56 AM PDT · by Biggirl · 39 replies
    Breitbart.com ^ | June 17, 2014 | Ken Klukowski
    Today the Supreme Court denied review in an important First Amendment case, Elmbrook School District v. Doe. But theres big news in a dissent that accompanied this denial, declaring that big change is underway for religious liberty.
  • Scalia, Shockingly, Hates Hearing Rock Music in Public

    06/16/2014 12:03:52 PM PDT · by nickcarraway · 17 replies
    New York Magazine ^ | Joe Coscarelli
    U.S. Supreme Court Justice Antonin Scalia takes part in an interview with Chris Wallace on "FOX News Sunday" at the FOX News D.C. Bureau on July 27, 2012 in Washington, DC. Although the Supreme Court declined today to hear a case about religious freedom, it reminded Justice Antonin Scalia, who dissented, about his feelings regarding music and joy and community. Religion, some people believe, "is a personal matter," he wrote. "[I]f it must be given external manifestation, that should not occur in public places where others may be offended." Just like that dreadful rock and roll: I can understand that...
  • U.S. Supreme Court Justice Scalia: Georgetown is not Catholic anymore

    05/22/2014 12:31:40 PM PDT · by topher · 25 replies
    LifeSiteNews.com (Cardinal Newman Society Original Source) ^ | Thu May 22, 2014 09:40 EST | by Matthew Archbold
    May 22, 2014 (The Cardinal Newman Society) - Supreme Court Justice Antonin Scalia reportedly said of his alma mater Georgetown University that it is not Catholic anymore. In an interview with The Remnants Vincent Chiarello, Scalia spoke extensively about his faith and about his memories of the Jesuit University. He said that when he attended, they rolled you out of bed to attend Mass. Not anymore.
  • Latest Same-Sex Marriage Rulings Prove That Scalia Was Right

    05/22/2014 5:11:15 AM PDT · by C19fan · 37 replies
    FiveThirtyEight ^ | May 21, 2014 | Harry Enten
    It was less than a year ago that the U.S. Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) which in 1996 barred same-sex marriages from being recognized under federal law was unconstitutional. Justice Antonin Scalia, in his dissenting opinion in United States v. Windsor, wrote: As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe. By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law...
  • Scalias factual error not only one in recent Supreme Court decisions

    05/03/2014 1:11:20 PM PDT · by smokingfrog · 15 replies
    Constitution Daily ^ | 5/2/14 | Scott Bomboy
    The legal press is up in arms over a factual error made by Justice Antonin Scalia in a Supreme Court decision this week. But Scalia isnt alone among justices whove been corrected by academics and even a few bloggers. In Scalias case, the problem in his dissenting opinion in EPA v. Homer was magnified by the fact that he mistaking categorized a decision he wrote himself in 2001 called Whitman v. American Trucking. The miscue didnt get by Harvard law professor Richard J. Lazarus, who took the step of formally writing the Supreme Court to correct the errors after Tuesdays...
  • [Fifth Amendment] White v. Woodall [SCOTUS overturns 6th Court of Appeals]

    04/23/2014 12:18:53 PM PDT · by topher · 27 replies
    Issues: Does a trial courts rejection of a non-testifying defendants request for a no-adverse-influence instruction during the sentencing phase of a capital punishment trial violate that defendants Fifth Amendment right against self-incrimination when the defendant has pled guilty to all of the alleged crimes and aggravating circumstances? Oral argument: December 11, 2013 Court below: United States Court of Appeals for the Sixth Circuit
  • The Scalia Sotomayor Thunderdome: A slug-fest in the footnotes on the affirmative action case

    04/22/2014 6:32:30 PM PDT · by SeekAndFind · 41 replies
    Hotair ^ | 04/22/2014 | Jazz Shaw
    Ed Morrissey already brought you up to date on the SCOTUS decision regarding the Michigan referendum that ended affirmative action in college admissions, so if you happened to miss the story, read that first. It was one of the more raucous decisions in a while, with plenty of twists and turns in terms of who went with the majority or the dissent and what they said. But the Washington Examiner dug a bit deeper later in the day, finding what amounted to a bit of a slug-fest in the footnotes between Sonia Sotomayor and Antonin Scalia. The scuffle erupted over...
  • Scalia: Court Upholding Traffic Stop Based On Anonymous Tip A Freedom-Destroying Cocktail

    04/22/2014 10:41:07 AM PDT · by BigEdLB · 42 replies
    CBSDC ^ | 4/22/14 | CBSDC
    WASHINGTON (AP) The Supreme Court says an anonymous tip can be sufficient to justify a decision by police to pull a car over on suspicion of reckless or drunken driving. The justices voted 5-4 Tuesday to uphold a traffic stop in northern California in which officers subsequently found marijuana in the vehicle. The officers themselves did not see any evidence of reckless driving.
  • JUSTICE SCALIA: 'FOOLISH' TO HAVE THE SUPREME COURT DECIDE IF NSA WIRETAPPING IS UNCONSTITUTIONAL

    04/19/2014 2:49:04 PM PDT · by BuckeyeTexan · 105 replies
    Breitbart.tv ^ | 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...
  • 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)