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Keyword: scalia

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  • Elena Kagan: The Supreme Court Adopted Scalia’s Textualist Judicial Reasoning

    10/19/2017 11:14:24 AM PDT · by Sopater · 46 replies
    Washington Free Beacon ^ | October 18, 2017 | Andrew Kugle
    Supreme Court Justice Elena Kagan said Monday the high court has adopted much of the late Justice Antonin Scalia's textualist judicial reasoning. Kagan was speaking to an audience at the Chicago-Kent College of Law when she said that Scalia's judicial reasoning has come to dominate the court, the Washington Examiner reported. Scalia, who sat on the Supreme Court for 30 years before his death in 2016, was a proponent of textualism, a theory in which the interpretation of law is based on the meaning of legal text as it would be commonly understood at the time of its passage, and...
  • Scalia's Legacy

    10/13/2017 5:30:43 AM PDT · by Kaslin · 6 replies
    Townhall.com ^ | October 13, 2017 | Mona Charen
    I knew the late Justice Antonin Scalia a little, and like millions of others, I was an avid fan of his jurisprudence, the great bulk of which he produced after I was no longer a law student, so much the worse for me. What do I have to do with it? Nothing, except that reading opinions as a law student was often like trying to swallow great bowls of sawdust -- without milk. Very few judges can write well. On the rare occasions when I came across a decision by Learned Hand, I would practically weep with gratitude for his...
  • Opinion: What I Learned Standing in Line at a Trump Rally

    08/28/2017 12:43:42 AM PDT · by 2ndDivisionVet · 30 replies
    The Prescott eNews ^ | August 28, 2017 | Katie Cornelius
    Trump came to Arizona. Katie Cornelius went to see him speak. The President was in town; being a historian I've long had a desire to at least see every president I possibly can. Thus far, Gerald Ford and George W. Bush are the only two I've seen...and that was my impetus for getting tickets to see President Donald Trump. Politics. Ohhhhhhh how I love politics. I'm an unabashed Rush baby who admittedly leans very Libertarian. Fiscally I'm conservative, when it comes to judges I favor strict constitutionalist like Antonin Scalia (who is one of the men I've admired most during...
  • Justice Scalia on Interpreting the Constitution

    08/16/2017 11:21:20 AM PDT · by street_lawyer · 4 replies
    August 16, 2017 | Street Lawyer
    VANITY I watched the very long video in which Scalia spoke of interpreting the U.S. Constitution (Constitution) These are my notes: The due process clause in the Constitution provides that no person shall be deprived of life, liberty or property without “due process”. It does not mean rights are absolute. A fundamental right used to be one that is rooted in the traditions of the American people. Ultimately “fundamental rights” no longer have to be “rooted in tradition”. For example, “abortion” which is now considered to be a fundamental right was not only not rooted in tradition but it was...
  • SCALIA ON 'A GRAND JURY BY US' (IT IS NOT ONLY FOR MUELLER OR COURTS TO MAKE)

    08/06/2017 7:23:52 AM PDT · by Hostage · 33 replies
    Rooted in long centuries of Anglo-American history, the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It `is a constitutional fixture in its own right.' In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. Although the grand jury normally operates, in the courthouse and under judicial auspices, its institutional...
  • THE ORIGINALIST

    07/23/2017 7:45:44 PM PDT · by 7thson · 1 replies
    Has any Freeper been to see "The Originalist?" If so, what is your recommendation? Is it fair to Scalia?
  • Antonin Scalia’s Catholic Priest Son Doesn’t Like Being Called a Conservative [Catholic Caucus]

    05/03/2017 9:50:11 AM PDT · by BlessedBeGod · 13 replies
    Waghingtonian ^ | May 2, 2017 | Paul O'Donnell
    Paul Scalia was a teenager when his father, the late Antonin Scalia, was appointed to the Supreme Court by President Ronald Reagan in 1986. By then, the younger Scalia had already begun to feel a pull toward the Catholic priesthood. A decade later, he would be ordained at St. Catherine’s, his family’s parish in Great Falls. He has served in the Diocese of Arlington ever since.But following his eloquent homily at his father’s funeral Mass last year, Father Scalia has become more visible. He was recently named vicar for clergy by Arlington’s new bishop, and in March a collection of...
  • Scalia Confirmation Hearing Day 1

    04/02/2017 9:51:57 PM PDT · by Rabin · 3 replies
    c-span ^ | AUGUST 5, 1986 | staff
    Antonin Scalia responded to questions from committee members about his views regarding such topics as federal-state relationships, the Constitution, death penalty, abortion, national security versus individual rights, original intent, independent agencies versus executive branch agencies, court disciplinary structure, legislative veto, bill history, economic deregulation, affirmative action, committee reports, and executive privilege.
  • Neil Gorsuch is NOT another Scalia

    03/26/2017 11:12:31 AM PDT · by BlessedBeGod · 69 replies
    LifeSiteNews ^ | March 24, 2017 | Steve Jalsevac
    March 24, 2017 (LifeSiteNews) — I have been holding my opinion on Neil Gorsuch. From the time he was announced as Trump’s highly lauded Supreme Court nominee and then more information started to come out about him, there have been growing uncomfortable feelings about the nomination. And now, as the confirmation hearings have been underway, I am worried. Despite effusive praise from numerous pro-life and pro-family leaders, this man is NOT, as Trump has repeatedly been told, another Scalia. In my view, the President has been misled – although Gorsuch does have praiseworthy characteristics as a justice and has made...
  • Franken Takes Shot at the Late Antonin Scalia’s Understanding of the Constitution

    03/21/2017 6:40:07 AM PDT · by MarvinStinson · 70 replies
    freebeacon ^ | March 20, 2017 | Cameron Cawthorne
    Sen. Al Franken (D., Minn.) questioned the late Supreme Court Justice Antonin Scalia's understanding of the Constitution on Monday during the confirmation hearing for President Trump's nominee to the high court, Judge Neil Gorsuch. Franken began his line of questioning to Gorsuch by discussing Trump's "litmus test" for his Supreme Court nominee. "In fact, he openly discussed his litmus test. He said that he would ‘appoint judges very much in the mold of Scalia' during the final presidential debate," Franken said. "Then-candidate Trump said, ‘The justices I'm going to appoint will be pro-life. They will have a conservative bent.'" Franken...
  • Neil Gorsuch: The new Scalia…or something else?

    03/01/2017 4:11:12 PM PST · by NKP_Vet · 66 replies
    https://www.lifesitenews.com ^ | February 23, 2017
    February 23, 2017 (LifeSiteNews) – Neil Gorsuch has been received by most conservative leaders as an outstanding nominee to fill the vacant position of Antonin Scalia on the Supreme Court. His bona fides is attested to by such authorities as the Federalist Society and the Heritage Foundation, as well as numerous luminaries of originalist jurisprudential thought. However, conservative endorsements do not automatically imply a pro-life and pro-family worldview, and questions have been raised about Gorsuch’s views on sexual morality as well as the binding nature of bad judicial precedents. The question therefore remains for defenders of the right to life...
  • A Supreme Successor to Justice Scalia: Here's a Record of Neil Gorsuch's Notable Cases

    02/01/2017 11:56:09 AM PST · by SeekAndFind · 31 replies
    National Review ^ | 02/01/2017 | Ed Whelan
    On the Saturday afternoon last February when he received word of Justice Scalia’s death, Neil M. Gorsuch “immediately lost [his] breath” and “couldn’t see . . . for the tears.” In his grief over the death of a justice he deeply admired and emulated, Judge Gorsuch could hardly have imagined the series of events that would lead to his being selected today to fill the Scalia vacancy. And while he has rightly recognized that no one could ever replace Justice Scalia, there are strong reasons to expect Justice Gorsuch to be an eminently worthy successor to the great justice....
  • Trump names Neil Gorsuch as his Supreme Court nominee - firing starting gun on bitter battle....

    01/31/2017 5:20:24 PM PST · by ColdOne · 193 replies
    dailymail.co.uk ^ | 1/31/17 | Francesca Chambers
    full title...........BREAKING NEWS: Trump names Neil Gorsuch as his Supreme Court nominee - firing starting gun on bitter battle with Democrats.........................President Donald Trump announced his appointment tonight of Neil Gorsuch, a U.S. Court of Appeals for the 10th Circuit judge, to the Supreme Court. If confirmed by the Senate, Gorsuch will fill the vacancy created by the February 2015 death of Antonin Scalia. Republicans must rally eight Democrats to cross party lines in order for the appointment to clear a legislative hurdle known as cloture that takes 60 votes.
  • Neil Gorsuch, the Nominee for a Stolen Seat

    01/31/2017 8:34:31 PM PST · by MNDude · 135 replies
    It’s been almost a year since Senate Republicans took an empty Supreme Court seat hostage, discarding a constitutional duty that both parties have honored throughout American history and hobbling an entire branch of government for partisan gain. President Trump had a great opportunity to repair some of that damage by nominating a moderate candidate for the vacancy, which was created when Justice Antonin Scalia died last February. Instead, he chose Neil Gorsuch, a very conservative judge from the federal Court of Appeals for the 10th Circuit whose jurisprudence and writing style are often compared to those of Justice Scalia. If...
  • Barney Frank: Scalia Was ‘The Leading Advocate of Fag-Burning’

    11/30/2016 12:53:48 PM PST · by DeathBeforeDishonor1 · 70 replies
    Breitbart ^ | 11/29/16
    On Tuesday’s broadcast of MSNBC’s “Hardball,” former Representative Barney Frank (D-MA) quipped that Supreme Court Justice Antonin Scalia “was actually the leading advocate of fag-burning, not flag burning,” which caused confusion for President-Elect Donald Trump. Frank, after noting that Justice Antonin Scalia opposed bans on flag-burning, said Trump “cited Scalia as his favorite judge. I think there was a pronunciation problem there. Scalia was actually the leading advocate of fag-burning, not flag-burning, and I think that’s where he got himself a little confused.”
  • NYT Says GOP Stole Supreme Court Seat From Obama

    12/25/2016 2:07:41 PM PST · by ColdOne · 108 replies
    dailycaller.com ^ | 12/25/16 | Kevin Daley
    The New York Times’ Christmas Day editorial tags Senate Republicans for “stealing” a seat on the Supreme Court that should have been filled by President Barack Obama. The Times accuses Republicans of impugning the institutional integrity of the court by a hyper-partisan charade, arguing the justices derive their legitimacy from their separation from the two political branches of government. “Mr. McConnell and his allies took a torch to that idea — an outrageous gambit that, to nearly everyone’s shock, has paid off,” the Grey Lady says. “But while Republicans may be celebrating now, the damage they have inflicted on the...
  • Diane Sykes, William Pryor among top contenders for Supreme Court vacancy -- sources

    12/16/2016 7:39:38 AM PST · by SeekAndFind · 59 replies
    CNN ^ | 12/16/2016 | Pamela Brown and Eugene Scott
    It will be some time before Donald Trump announces a nominee to fill the vacancy left by Antonin Scalia, according to transition insiders. But two names continue to emerge to the top of the president elect's list of potential Supreme Court justices. Judges Diane Sykes and William Pryor are among the top contenders, according to multiple sources familiar with the process. CNN's Donald Trump Supreme Court nominee shortlist The Supreme Court vacancy is "actively being discussed," but there is no timetable at the moment, Trump transition aide Jason Miller told reporters Thursday. "The President-elect, he had previously put out a...
  • Reheating the Hot Button of Flag Burning

    12/01/2016 7:56:25 AM PST · by Kaslin · 34 replies
    Townhall.com ^ | December 1, 2016 | Mark Davis
    Well, look what’s back: the instantly compelling and ultimately confounding parlor game of “What do we do about flag burning?” Dormant for years, largely because this is something virtually no one ever does, the flag burning issue is back. You could hear it knocking lightly when several idiotic pro athletes decided to lodge their concerns over policing issues by showing public disdain for the flag that is a symbol of the nation that has made them free and wealthy. Throw in the Donald Trump victory, which has dredged up some of the most hateful and juvenile reactions in election history,...
  • Wikileaks: Email to Podesta Days Before Scalia Death

    11/28/2016 7:53:46 AM PST · by TigerClaws · 76 replies
  • Republicans Didn't "Steal" Scalia Vacancy

    11/18/2016 7:00:19 AM PST · by KeyLargo · 15 replies
    Republicans Didn't "Steal" Scalia Vacancy Thursday, November 17, 2016 Ed Whelan reminds us that Senate Republicans, in refusing to hold hearings on Merrick Garland's nomination to the Supreme Court, were only following the Democrats' advice (emphasis added): I see that some on the Left are now trying to recast their huge political loss on the Scalia vacancy as a claim that Republicans “stole” the Scalia seat. Two observations: 1. The Scalia vacancy never belonged to anyone, so it makes no sense to say that it was stolen. Or is the Left going to go beyond its “obviously fatuous” claim that...