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Keyword: scalia

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  • Scalia: No plans to attend Obama's State of the Union address

    01/24/2011 5:51:17 PM PST · by Justaham · 32 replies
    The Hill ^ | 1-24-11 | Molly K. Hooper
    Supreme Court Justice Antonin Scalia told The Hill on Monday evening that he does not plan on attending the State of the Union address on Tuesday. The conservative-leaning jurist said that he hasn’t “gone to the State of the Union in at least 10 years, and I’m not starting tomorrow night either.” All eyes are focused on whether members of the Supreme Court intend to sit front and center at the State of the Union spectacle on Tuesday night after the president used last year’s speech to criticize one of their decisions. The criticism prompted Justice Samuel Alito to mouth...
  • 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...
  • Liberal Group: Investigate Scalia and Thomas Over Citizens United Conflicts of Interest

    01/22/2011 9:43:24 AM PST · by prairiebreeze · 28 replies · 11+ views
    CBS News ^ | January 20, 2011 | Lucy Madison
    Liberal nonprofit Common Cause is asking the Department of Justice to investigate Justices Clarence Thomas and Antonin Scalia in relation to the Citzens United Supreme Court case, arguing that their decision in the case raised "serious questions about the impartiality of" both justices. "It appears both justices have participated in political strategy sessions, perhaps while the case was pending, with corporate leaders whose political aims were advanced by the decision," writes Common Cause President and CEO Bob Edgar in a petition to the Justice Department filed this week. The organization contends that the justices should have recused themselves from the...
  • Justice Scalia set to address Tea Party Caucus on Capitol Hill

    01/21/2011 4:31:25 PM PST · by pissant · 7 replies
    CNN ^ | 1/21/11 | Bill Mears
    Washington (CNN) -- Justice Antonin Scalia, a popular and entertaining speaker at various forums around the world, has one of the busiest schedules off the bench. But a closed-door address the conservative justice is scheduled to give Monday afternoon has attracted controversy, partly because of who is sponsoring the event. The Tea Party Caucus, an informal congressional body, had invited the 74-year-old to talk informally with legislators, the first in what leaders are billing as regular "conservative constitutional seminars." The event was designed as a "teaching event" only for members of Congress, and no cameras or reporters would be allowed...
  • Scalia Accepts Invite of Tea Party Leader, Criticized for ‘Exceedingly Poor Judgment’

    01/12/2011 10:56:37 AM PST · by markomalley · 42 replies
    ABA Journal ^ | 1/12/11 | Debra Cassens Weiss
    Justice Antonin Scalia has accepted a speaking invitation from a Tea Party leader, drawing fire from some law professors and a liberal group. Scalia will speak to incoming House members about the Constitution at the behest of U.S. Rep. Michele Bachmann, R-Minn., who founded the House’s Tea Party Caucus, the Los Angeles Times reports. The Jan. 24 topic will be separation of powers. The meeting was described as bipartisan and open to all members of Congress. But several law professors who spoke to the newspaper criticized Scalia, saying the meeting appeared to politicize the court. One of the critics was...
  • Justice Kagan Hands Down First Opinion-Only Scalia Dissents

    01/11/2011 11:44:42 AM PST · by markomalley · 12 replies
    Fox News ^ | 1/11/2011 | Lee Ross
    The Supreme Court's newest justice, Elena Kagan, handed down her first opinion Tuesday, writing that a debtor cannot escape increased payments to his creditor under a complicated formula found in a 2005 bankruptcy law. Seven of the other eight justices agreed. The case examined language in the Bankruptcy Abuse Prevention and Consumer Protection Act specifying the terms by which people in debt are to repay their obligations. The law allows for people to exclude or deduct $471 per month from their disposable income for car payments. Jason Ransom filed for bankruptcy in 2006 after going more than $80,000 in debt....
  • Supreme Court Justice Scalia: Abortion NOT in the Constitution

    01/10/2011 4:58:55 AM PST · by MsLady · 11 replies
    LifeSiteNews ^ | Jan. 4, 2011 | JOHN JALSEVAC
    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 original framers],” he said, “you do not need...
  • 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...
  • Scalia: Constitution does not protect women against discrimination

    01/04/2011 1:05:21 PM PST · by SeekAndFind · 40 replies
    Washington Post ^ | 01/04/2011 | Emi Kolawole
    Justice Antonin Scalia has weighed in on the 14th Amendment to the U.S. Constitution, leaving women's rights activists seething. In an interview with California Lawyer, Scalia said that the Constitution itself does not protect women and gay men and lesbians from discrimination. Such protections are up to the legislative branch, he said... -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying 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...
  • Justice Scalia and the Tea Party (Barf alert!)

    12/19/2010 9:24:20 PM PST · by neverdem · 26 replies · 2+ views
    NY Times ^ | December 18, 2010 | Meathead Editorial
    When the Tea Party holds its first Conservative Constitutional Seminar next month, Justice Antonin Scalia is set to be the speaker. It was a bad idea for him to accept this invitation. He should send his regrets. The Tea Party epitomizes the kind of organization no justice should speak to — left, right or center — in the kind of seminar that has been described in the press. It has a well-known and extreme point of view about the Constitution and about cases and issues that will be decided by the Supreme Court. By meeting behind closed doors, as is...
  • Antonin Scalia to address Michele Bachmann’s group

    12/14/2010 3:01:00 PM PST · by jazusamo · 10 replies
    Politico ^ | December 14, 2010 | Jennifer Epstein
    Supreme Court Justice Antonin Scalia will offer a primer on the separation of powers as laid out in the U.S. Constitution at the first meeting of a new group for conservative members of Congress. The Supreme Court and Rep. Michele Bachmann (R-Minn.) confirmed on Tuesday that the conservative justice was scheduled to speak at the inaugural meeting of the Constitutional Conservative Caucus, a group separate from the Tea Party Caucus Bachmann launched earlier this year. The new group, Bachmann says, will offer new members weekly classes on the Constitution and Declaration of Independence before they have been “co-opted into the...
  • Justice Scalia slams high court for inventing ‘living constitution,’ right to abortion

    11/23/2010 3:58:06 PM PST · by wagglebee · 31 replies · 1+ views
    LifeSiteNews ^ | 11/23/10 | Peter Smith
    RICHMOND, Virginia, November 23, 2010 ( - U.S. Supreme Court Justice Antonin Scalia slammed the modern U.S. judiciary and the high court for using the idea of a “living constitution” to invent new rules and meanings that have led to a “right” to abortion and decriminalized homosexual conduct. Scalia made his remarks last Friday during a University of Richmond luncheon lecture entitled “Do Words Matter?” The event was covered both by the Associated Press.“The Constitution says what it says and it doesn’t say anything more,” said Scalia to an audience of 250 people, most of them legal professionals and...
  • Scalia, Breyer Spar Over Supreme Court Issues

    11/13/2010 8:24:12 PM PST · by Nachum · 32 replies · 1+ views
    fox ^ | 11/13/10 | ap
    LUBBOCK, Texas -- One of the most conservative justices on the U.S. Supreme Court and one of the most liberal ones sparred Friday over capital punishment, the direct election of senators and various other constitutional questions during a rare public debate that highlighted their philosophical differences. Antonin Scalia, 74, the longest-serving current justice, appointed by Republican President Ronald Reagan, and Stephen Breyer, 72, appointed by Democrat Bill Clinton, shared the stage in front of a crowd of thousands during a West Texas event organized by Texas Tech University Law School. They particularly clashed on the question of capital punishment. Scalia...
  • Justice Scalia urges Christians to have courage

    10/28/2010 8:16:52 AM PDT · by MDJohnPaul · 11 replies
    The Catholic Review ^ | Oct. 25, 2010 | George P. Matysek Jr.
    Although the sophisticated may deride them as simple-minded, U.S. Supreme Court Justice Antonin Scalia said traditional Christians should have the courage to embrace their faith. Scalia spoke to members of the St. Thomas More Society of Maryland who gathered Oct. 21 at the Westin Hotel in Annapolis following the 52nd annual Red Mass, held at nearby St. Mary Church. The liturgy, celebrated by Archbishop Edwin F. O’Brien, marked the beginning of the judicial year. During a hotel banquet, the St. Thomas More Society honored Scalia with its “Man for All Seasons Award,” given to members of the legal profession who...
  • Scalia takes Kagan to gun range, sources say

    10/25/2010 6:17:13 AM PDT · by RKV · 90 replies · 7+ views
    Daily Caller ^ | 25 October 2010 | Alexis Levinson
    According to two witnesses, Supreme Court Justice Antonin Scalia took fellow Justice Elena Kagan out for a lesson in skeet shooting at his shooting club in Virginia last week. The witnesses saw Scalia at the Fairfax Rod and Gun Club, where he is a member, around noon on Wednesday of last week. He was with a woman who was noticeably diminutive in height, like Kagan, who stands at about five feet three inches. The witnesses, who got a very close look at the pair, say that the woman was the newest Supreme Court Justice. Scalia was bending down in order...
  • Constitutional CPR [ The Constitution, Living or Dead? ]

    09/16/2010 9:38:35 PM PDT · by fight_truth_decay · 7 replies
    Bangor Daily News ^ | 9/16/10 | Editor
    Alive or dead? Today, the 213th anniversary of the United States Constitution, that question looms large. This is especially so as the document is wielded like a sword, cleaving libertarian from progressive philosophies. Understanding the nature of the Constitution — neither underestimating its genius nor overstating its authority as inerrant — is critical. Supreme Court Justice Antonin Scalia once said, “The Constitution that I interpret and apply is not living, but dead.” That view has been embraced by many in the tea party movement. These opponents of President Barack Obama’s agend, who thrust the federal government into many areas of...
  • Antonin Scalia on LAWRENCE et al. v. TEXAS (overturning sodomy law)

    08/06/2010 6:10:51 PM PDT · by markomalley · 20 replies · 2+ views
    Findlaw ^ | 6/26/2003 | Antonin Scalia
    (NB: synopsis)Responding to a reported weapons disturbance in a private residence, Houston police entered petitioner Lawrence's apartment and saw him and another adult man, petitioner Garner, engaging in a private, consensual sexual act. Petitioners were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In affirming, the State Court of Appeals held, inter alia, that the statute was not unconstitutional under the Due Process Clause of the Fourteenth Amendment. Held: The Texas statute making it a crime for two persons of the...
  • 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:
  • Kagan Gets Boost from Potential GOP Allies

    06/01/2010 3:21:17 AM PDT · by Cindy · 12 replies · 585+ views
    (AP) via Google News ^ | 4 days ago | By JULIE HIRSCHFELD DAVIS (AP)
    SNIPPET: "Sens. Lindsey Graham of South Carolina and George S. LeMieux of Florida made their comments a day after one of the court's conservative icons, Justice Antonin Scalia, undercut Republican criticism of Kagan's lack of a judicial background." SNIPPET: "Scalia last week volunteered that he considers Kagan a friend." Chief Judge Royce Lamberth of U.S. District Court in Washington said
  • Kagan Gets Boost From Potential GOP Allies

    05/27/2010 4:53:23 PM PDT · by TexasCajun · 25 replies · 633+ views
    AP via ^ | Thursday, 27 May 2010 02:28 PM | AP
    Supreme Court nominee Elena Kagan got a boost from potential GOP supporters Thursday, when two Republican senators who will vote on her confirmation both said her lack of experience as a judge is no obstacle to elevating her. Sens. Lindsey Graham of South Carolina and George S. LeMieux of Florida made their comments a day after one of the court's conservative icons, Justice Antonin Scalia, undercut Republican criticism of Kagan's lack of a judicial background.
  • Scalia Praises Kagan's Lack of Judicial Experience

    05/26/2010 7:12:44 PM PDT · by Clintonfatigued · 19 replies · 703+ views
    Political Wire ^ | May 26, 2010
    Justice Antonin Scalia said that he likes that Supreme Court nominee Elena Kagan is not currently a judge, ABC News reports. Said Scalia: "When I first came to the Supreme Court, three of my colleagues had never been a federal judge. William Rehnquist came to the Bench from the Office of Legal Counsel. Byron White was Deputy Attorney General. And Lewis Powell who was a private lawyer in Richmond and had been president of the American Bar Association." He added: "Currently, there is nobody on the Court who has not served as a judge -- indeed, as a federal judge...
  • Without Scalia, whither anonymity?

    04/28/2010 12:27:37 PM PDT · by LonelyCon · 16 replies · 681+ views
    SCOTUSblog ^ | 4/28/10 | Lyle Denniston
    Justice Antonin Scalia, using history, sarcasm and political taunts, laid down a barrage of objections Wednesday to a plea that the Supreme Court create a new constitutional right of anonymity for individuals who sign petitions to get policy measures onto election ballots. When he was finished, the strong impression was that it might be exceedingly hard to gather a five-vote majority to establish such a right, even though the plea got the fervent support of Justice Samuel A. Alito, Jr., and some implied help from Chief Justice John G. Roberts, Jr. The oral argument was in John Doe # 1,...
  • Supreme Court Justice Scalia visits [UVa] Law School

    04/19/2010 4:51:52 AM PDT · by ml/nj · 10 replies · 613+ views
    Cavalier Daily (University of Virginia Daily) ^ | April 19, 2010 | Katherine Raichlen
    Supreme Court Justice and former University Law professor Antonin Scalia spoke at the Law School Friday to present the 12th annual speech within the Henry J. Abraham Distinguished Lectures Series, which is sponsored by the Thomas Jefferson Center for the Protection of Freedom of Expression. ... In his lecture, Scalia discussed the merits of originalism as a method of constitutional interpretation. The originalist approach, he said, views the Constitution as no different from any other legal text, such as a statute. “That is to say, the Constitution has a static meaning that does not change from generation to generation,” though...
  • Torture memos resemble Clarence Thomas' way of thinking

    03/07/2010 4:07:02 PM PST · by americanophile · 19 replies · 87+ views
    L.A. Times ^ | March 7, 2010 | David G. Savage
    Reporting from Washington - According to Supreme Court Justice Clarence Thomas, a prisoner who was slammed to a concrete floor and punched and kicked by a guard after asking for a grievance form -- but suffered neither serious nor permanent harm -- has no claim that his constitutional rights were violated. Thomas objected when the high court, in a little-noted recent opinion, said this unprovoked and malicious assault by a North Carolina prison guard amounted to cruel and unusual punishment. The court's decision came a few days after Thomas' now-famous former law clerk John C. Yoo was charged with flawed...
  • '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...
  • Antonin Scalia: No right to secede

    02/17/2010 9:08:09 AM PST · by Palter · 276 replies · 4,041+ views
    The Washington Post ^ | 17 Feb 2010 | Robert Barnes
    Is there a right to secede from the Union, or did the Civil War settle that? Certain Tea Partiers have raised the possibility of getting out while the getting's good, setting off a round of debate on legal blogs. The more cerebral theorists at the smart legal blog The Volokh Conspiracy question whether such a right exists. Enter a New York personal injury lawyer, and Supreme Court Justice Antonin Scalia. The lawyer, Eric Turkewitz, says his brother Dan, a screenwriter, put just such a question to all of the Supreme Court justices in 2006 -- he was working on an...
  • Which Supreme Court Justice are you?

    01/24/2010 6:02:41 PM PST · by Tarkin · 120 replies · 2,164+ views
    See which SCOTUS Justice has an ideology that is closest to your own.
  • Antonin Scalia vs. John Paul Stevens

    01/23/2010 3:00:57 AM PST · by free1977free · 54 replies · 1,478+ views
    Counting the majority opinion and the various partial concurrences and dissents, today’s landmark First Amendment decision in Citizens United v. Federal Election Commission clocks in a hefty 183-pages. But one thing that jumped right out while reading the dissent (it’s also a concurrence, in parts) written by Justice John Paul Stevens and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor, is Stevens' angry tone. He calls the idea that the First Amendment forbids distinctions between individuals and individuals organized as a corporation “a glittering generality” with no foundation in the law, and later declares, “Under the majority's...
  • Scalia takes unlikely stance in custody case

    01/13/2010 12:27:43 AM PST · by Ready4Freddy · 14 replies · 1,019+ views
    Associated Press via MSNBC ^ | January 12, 2010 | Associated Press
    WASHINGTON - Supreme Court Justice Antonin Scalia practically hisses when his colleagues consult foreign law to help interpret the U.S. Constitution. But on Tuesday, Scalia found himself looking approvingly to other countries in a case over an international custody dispute. The court is taking its first look at how American authorities handle the Hague Convention on child abduction, aimed at preventing one parent from taking a child to another country without the other parent's permission. "The purpose of a treaty is to have everybody doing the same thing," Scalia said, "and I think, if it's a case of some ambiguity,...
  • Justice Antonin Scalia: The Supreme Court Needs Fewer “Judges”

    01/08/2010 3:11:40 PM PST · by T Christopher · 8 replies · 810+ views
    REPUBLICAN REDEFINED ^ | T Christopher
    Justice Antonin Scalia made a public appearance Monday speaking to roughly 600 people at the First Baptist Church of Jackson, Mississippi. The event was sponsored by the Mississippi College School of Law and the Mission First Legal Aid Office. As is usually the case when Justice Scalia makes public appearances, he spoke largely off the cuff and provided yet another reminder why he’s the greatest Supreme Court Justice of this or any generation for that matter. He spoke about a number of topics including the citation of foreign law in American courts, the ever-increasing caseload of the Highest Court, and...
  • Justice Antonin Scalia: Advocates of Using Foreign Law Ignore Abortion Decisions

    01/07/2010 3:55:47 PM PST · by wagglebee · 8 replies · 706+ views
    Life News ^ | 1/7/10 | Steven Ertelt
    Washington, DC ( -- Supreme Court Justice Antonin Scalia recently spoke at a conference sponsored by the Mississippi College School of Law. There, he said activists who back the use of international law in the U.S. legal system are selective when they want to use it. Scalia oppose the use of international law and decisions by foreign courts to interpret the Constitution."If there was any thought absolutely foreign to the founders of our country, surely it was the notion that we Americans should be governed the way Europeans are," he said, according to the Jackson Free Press newspaper."I dare...
  • A Man of Influence (book review of Antonin Scalia biography)

    01/02/2010 4:55:31 AM PST · by reaganaut1 · 10 replies · 686+ views
    New York Times ^ | December 31, 2009 | Jeffrey Rosen
    Love him or hate him, Antonin Scalia has had a greater influence on the way Americans debate the law today than any other modern Supreme Court justice. Conservatives hail Scalia as the founding prophet of their true faith — the Jurisprudence of Original Understanding — and the leader of the opposition to moral relativism and judicial imperialism in the age of Obama. [...] It’s hard to write a fair-minded biography of such a polarizing figure, but that’s what Joan Biskupic has done with “American Original.” ... On the court, Scalia has shown a disdain for elites that keeps him not...
  • Scalia: Some on court inventing rights

    10/27/2009 7:05:14 PM PDT · by opentalk · 14 replies · 1,728+ views
    EastValleyTribune ^ | October 26, 2009 | Howard Fischer
    One of the most conservative justices on the U.S. Supreme Court said Monday his more liberal colleagues are trying to manufacture new constitutional rights that were never intended by the drafters. “The fight is about the Supreme Court inventing new rights nobody ever thought existed,” Justice Antonin Scalia said in an appearance at the University of Arizona College of Law. “Right to abortion?” he asked. “Come on. Nobody thought it violated anything in the Constitution for 200 years. It was criminal.” The same, said Scalia, is true of homosexual sodomy. Yet the nation’s high court has struck down state laws...
  • Flood of Liberal News and Bloggers Falsely Claim Justice Scalia is Against Desegregation

    10/27/2009 3:54:42 PM PDT · by PatriotJG · 5 replies · 752+ views
    Unspun America ^ | October 27, 2009
    Earlier today, Liberal news makers and bloggers such as the Huffington Post rushed to their keyboards to make another attack on Conservatism. They were responding to a rumor going around that Supreme Court justice Antonin Scalia had claimed he would have been against the decision of the landmark case of Brown v. Board of Education. ...
  • The Commerce Clause, The Federal Judiciary, and Tyranny (or How Scalia Helped Screw America)

    10/16/2009 8:29:12 AM PDT · by Huck · 407 replies · 5,391+ views
    self | 10/15/09 | Huck
    Introduction In this essay I will attempt to show that the powers granted to the Federal Judiciary were excessive, that the creation of an all-powerful, unaccountable Supreme Court was a grave error that made the expansion of Federal power inevitable, and virtually limitless. I will then provide a brief investigation into the original meaning of the Commerce Clause. Last, I will argue that the harm created through Commerce Clause jurisprudence appears irreversible, having been upheld and applied by Justice Scalia and the liberal wing of the Court as recently as 2005. If Justice Scalia not only unwilling to overturn past...
  • Are Lawyers A Productive Part of Society?

    10/05/2009 10:14:32 AM PDT · by stan_sipple · 16 replies · 1,208+ views
    The Volokh Conspiracy ^ | 10-5-2009 | Paul Cassell
    The ABA Journal has this interesting thought attributed to Justice Scalia. Asked to comment on whether the quality of advocacy before the U.S. Supreme Court was too low, Justice Scalia is quoted as saying: “I used to have just the opposite reaction. I used to be disappointed that so many of the best minds in the country were being devoted to this enterprise. “I mean there’d be a … public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society? “I...
  • High Court Targets Chicago's Gun Ban

    10/02/2009 5:59:52 PM PDT · by Kaslin · 19 replies · 2,517+ views
    IBD Editorials ^ | October 2, 2009 | INVESTORS BUSINESS DAILY
    Gun Control: The Supreme Court agrees to decide if the Second Amendment applies to all of us, or just Washington, D.C. Why would the Founders put in the Bill of Rights something applying only to a federal enclave? In a 5-4 decision last year written by Justice Antonin Scalia, the Supreme Court overturned a draconian District of Columbia gun ban enacted 32 years ago that barred private ownership of handguns at all. Scalia wrote that an individual's right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted. The court ruled that...
  • Sotomayor Guns For 2nd Amendment (CORRECTED)

    06/05/2009 5:14:41 AM PDT · by WhiteCastle · 26 replies · 2,745+ views
    Investor's Business Daily ^ | June 4, 2009 | Editorial
    (Corrected) Gun Control: In a case headed for the Supreme Court, a three-judge panel rules Chicago's gun ban constitutional since the 2nd Amendment doesn't apply to states and cities. High court nominee Sonia Sotomayor concurs.Those Pennsylvania townsfolk bitterly clinging to their guns may have been premature in celebrating the decision in D.C. v. Heller that the 2nd Amendment to the U.S. Constitution does indeed guarantee an individual right to keep and bear arms.
  • Barney Frank calls Justice Scalia a 'homophobe'

    08/19/2009 9:19:45 PM PDT · by Maelstorm · 81 replies · 3,437+ views ^ | Last Updated 19 Aug 2009 | Jim Armstrong
    Massachusetts Rep. Barney Frank called Supreme Court Justice Antonin Scalia a "homophobe" in a recent interview with the gay news Web site . The Democratic lawmaker, who is gay, was discussing gay marriage and his expectation that the high court would some day be called upon to decide whether the Constitution allows the federal government to deny recognition to same-sex marriages. "I wouldn't want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has too many votes on this current court," said Frank. The video of the interview is available online. Frank's office...
  • Obama Committing Fraud and Treason: Multiple Grand Juries (Part I)

    07/05/2009 2:49:50 PM PDT · by libh8er · 56 replies · 3,567+ views
    PRAVDA ^ | 7.5.09 | Neil Turner
    What everyone knows: Most of America knows (beyond any reasonable doubt) that Barry Soetoro (aka Barack Hussein Obama) is not Constitutionally eligible to hold the office of President of the United States (POTUS) and Commander in Chief (CinC) (per Article II, Section 1 of the Constitution of the U.S.). Most of America also knows (beyond any reasonable doubt) that the members of Congress (all 535 of them), the Federal Courts, the Supreme Court, and ALL the Media (including FNC) are either ‘in the tank for’ or ‘paid off or intimidated by’ the illegitimate, criminal and Treasonous presumed President and Commander...
  • If Frank Ricci Loses, Blame Scalia

    06/17/2009 2:55:42 PM PDT · by presidio9 · 11 replies · 1,545+ views
    Slate ^ | Tuesday, June 16, 2009 | Richard Thompson Ford
    Many conservatives have taken up the cause of Frank Ricci, a New Haven, Conn., firefighter who sued the city, claiming that officials discriminated against him when they rejected the results of a promotion exam, on which he did well, because all but one of the top scoring candidates were white. Ricci's claim is now before the Supreme Court. I've written about it once to explain why Ricci's argument is a threat to an important part of modern civil rights law, and I'm writing again now because a lot of people have suggested that Ricci has been treated unusually and unfairly...
  • BREAKING: USSC delays Chrysler asset sale!

    06/08/2009 1:08:48 PM PDT · by DCBryan1 · 293 replies · 18,628+ views
    CNBC Breaking News (live) ^ | 08 JUL 09 | dcbryan1
    Breaking on CNBC: USSC delays Chyrsler asset sale! Mourdock: USe of Tarp Funds in automotive industry was illegal Obama admin had urged USSC NOT to keep chrysler deal on hold
  • Justice Scalia LIVE on CSPAN3 now

    05/29/2009 7:14:38 AM PDT · by knarf · 6 replies · 1,154+ views
    live streaming CSPAN3
  • Michigan v. Jackson overruled!

    05/26/2009 9:15:52 AM PDT · by freedomwarrior998 · 83 replies · 10,377+ views
    Supreme Court of the United Stats ^ | 05-26-2009 | Antonin Scalia
    Syllabus At a preliminary hearing required by Louisiana law, petitioner Montejo was charged with first-degree murder, and the court ordered the appointment of counsel. Later that day, the police read Montejo his rights under Miranda v. Arizona, 384 U. S. 436, and he agreed to go along on a trip to locate the murder weapon. During the excursion,he wrote an inculpatory letter of apology to the victim’s widow. Upon returning, he finally met his court-appointed attorney. At trial, his letter was admitted over defense objection, and he was convicted and sentenced to death. Affirming, the State Supreme Court rejected his...
  • Scalia not a big fan of OSU law graduates

    05/19/2009 7:58:38 AM PDT · by staytrue · 16 replies · 2,193+ views
    The Columbus Dispatch ^ | Tuesday, May 19, 2009 7:32 AM | Alan Johnson
    U.S. Supreme Court Justice Antonin Scalia respects Ohio Judge Jeffrey S. Sutton but apparently not the Ohio State University Moritz College of Law. According to The New York Times' Adam Liptak, Scalia's colorful talk at the American University Washington College of Law last month focused on law graduates who get prestigious jobs as U.S. Supreme Court clerks. "By and large," Scalia said, "I'm going to be picking from the law schools that, basically, are the hardest to get into. They admit the best and the brightest, and they may not teach very well, but you can't make a sow's ear...
  • National Catholic Prayer Breakfast, May 8, 2009

    05/06/2009 4:32:58 AM PDT · by iowamark · 8 replies · 1,380+ views ^ | 4/22/2009 | Jay Anderson
    The 6th Annual National Catholic Prayer Breakfast will take place on May 8, 2009: 6th Annual National Catholic Prayer Breakfast Mass Thursday, May 7, 6:30 pm The Cathedral of St. Matthew the Apostle 1725 Rhode Island Avenue, N.W. ---- National Catholic Prayer Breakfast Friday, May 8 - 7:45 am Hilton Washington 1919 Connecticut Avenue, N.W. (Doors open at 6:45 am - Rosary at 7:15 am) Among those who already believe this event to be just some "right-wing" Catholic gathering organized by "stalwart Republican operatives" to "advance the divisive partisanship of the right and seek to hijack Catholic teaching for the...
  • Fordham Law Class Collects Personal Info About Scalia; Supreme Ct. Justice Is Steamed

    05/01/2009 10:52:29 PM PDT · by HaplessToad · 20 replies · 2,503+ views
    ABA Journal ^ | Apr 29, 2009, 01:58 pm CDT | By Martha Neil
    Last year, when law professor Joel Reidenberg wanted to show his Fordham University class how readily private information is available on the Internet, he assigned a group project. It was collecting personal information from the Web about himself. This year, after U.S. Supreme Court Justice Antonin Scalia made public comments that seemingly may have questioned the need for more protection of private information, Reidenberg assigned the same project. Except this time Scalia was the subject, the prof explains to the ABA Journal in a telephone interview. His class turned in a 15-page dossier that included not only Scalia's home address,...
  • Lawsuit targets Iraq war's validity

    04/28/2009 8:50:16 AM PDT · by BGHater · 15 replies · 1,612+ views
    Star-Ledger ^ | 22 April 2009 | Joe Ryan
    Rutgers prof: Bush ignored Constitution When lawyers and judges cite the original intent of the framers of the Constitution, they're often marshaling conservative arguments. And Supreme Court Justice Antonin Scalia, noted for his right-leaning views, is a leading figure in the stick-to-the-original-text school of jurisprudence. But conservatives don't hold a monopoly on the theory. In federal court in Newark yesterday, a Rutgers University law professor arguing a lawsuit on behalf of a peace group told a judge that President George W. Bush violated the Constitution's initial intent when he ordered the 2003 invasion of Iraq. Frank Askin, founder of the...