The Senate Republicans appear to be once again on the road to self destruction. GOPers Commit to the ‘Three Nos’, Josh Marshal, Talking Points Memo There’s nothing really different today than what Mitch McConnell committed Republicans to only hours after Justice Scalia’s death. But we now have a formal embrace of the ‘Three Nos’: No …
Tag: Antonin Scalia
Feb 15 2016
No sooner had the news of Justice Antonin Scalia’s death been announced when Senate Majority Leader Mitch McConnell (R-KY) let it be known that the Senate would not even consider hearings on his successor. In a swift statement designed to warn Barack Obama against even nominating a replacement, Senate Majority Leader Mitch McConnell (R-Ky.) pledged …
Feb 13 2016
Associate Justice Antonin Scalia died this morning at a ranch in West Texas. He was 79. Scalia was appointed to the court in 1986, by President Ronald Reagan, as the first Italian American to serve on the high court. He was born in Trenton, New Jersey in 1936 and brought up in New York City. …
Aug 07 2012
This morning Associate Justice Antonin Scalia made the day of every weapons of mass destruction lover’s day. During an interview with Fox News Sunday host Chris Wallace, Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. In Scalia’s opinion, under his principle of “originalism”, if the weapon can be “hand held” it probably still falls under the right to “bear arms”:
Referring to the recent shooting in Aurora, CO, host Chris Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. Scalia admitted there could be, such as “frighting” (carrying a big ax just to scare people), but they would still have to be determined with an 18th-Century perspective in mind. According to his originalism, if a weapon can be hand-held, though, it probably still falls under the right o “bear arms”:
WALLACE: What about… a weapon that can fire a hundred shots in a minute?
SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried – it’s to keep and “bear,” so it doesn’t apply to cannons – but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.
WALLACE: How do you decide that if you’re a textualist?
SCALIA: Very carefully.
Maybe Justice Scalia needs to see the photos of the carnage a semi-automatic weapon or a shoulder fired rocket launcher can create. Under this thinking, RPG’s might be legal for all citizens to own and carry. Grenades can be hand-held and therefore under Justice Scalia’s warped sense of thinking, they too might be legal for citizens to carry. Do we draw the limit at briefcase nukes that can be carried in one’s hand?
Obviously the theory that Justice Scalia is promoting can be carried to extreme and hilarious lengths. The real scary part is that Justice Scalia doesn’t understand how hilarious and dangerous his concepts are in the real world. [..]
Since Justice Scalia thinks that these kind of weapons may be legal, is it too far-fetched to wonder if the current crop of right-wing Militia’s are free to purchase these kind of weapons, even if they hope to use them against the government?
Justice Scalia was nominated to the Supreme Court in 1986 by President Ronald Reagan with a Republican held Senate and the unanimous blessings of the Democrats. Al Qaeda must be thrilled.
N.B.: For more about Justice Scalia and his concept of “orginaliasm” read this article at Huffington Post written in 2011 by Prof. Stone: Justice Scalia, Originalism and the First Amendment
Jun 27 2012
In his dissenting opinion on the Arizona v. United States, Supreme Court Justice Antonin Scalia went on a politically motivated rant that was directed at President Obama’s directive that would allow 800,000 undocumented immigrants who are under 30 came here as children to legally remain in the US. Not only was Scalia’s partisan political rant an embarrassment for the Court, it was factually wrong and racist.
After this case was argued and while it was under consideration, the Secretary of Homeland Security announced a program exempting from immigration enforcement some 1.4 million illegal immigrants under the age of 30. If an individual unlawfully present in the United States
“• came to the United States under the age of sixteen;
“• has continuously resided in the United States for at least five years . . . ,
“• is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran . . . ,
“• has not been convicted of a [serious crime]; and
“• is not above the age of thirty,” . . . .
The husbanding of scarce enforcement resources can hardly be the justification for this, since the considerable administrative cost of conducting as many as 1.4 million background checks, and ruling on the biennial requests for dispensation that the nonenforcement program envisions, will necessarily be deducted from immigration enforcement.
Part of the President’s reasoning for this order is the fact that congress has failed to provide the the $285 billion cost of deporting every illegal immigrant currently in the US and decided to use the limited resources available by focusing on undocumented immigrants who commit serious offenses and shifting resources away from college students and veterans. Scalia’s math is a bit off by some 600,000 more immigrants than is estimated to be affected by the President’s new policy.
Now to the really egregious racist spew that relied on racist Post Civil War laws that prohibited freed slaves from moving into Southern States:
Notwithstanding “[t]he myth of an era of unrestricted immigration” in the first 100 years of the Republic, the States enacted numerous laws restricting the immigration of certain classes of aliens, including convicted criminals, indigents, persons with contagious diseases, and (in Southern States) freed blacks. State laws not only provided for the removal of unwanted immigrants but also imposed penalties on unlawfully present aliens and those who aided their immigration
This is comes on the heels of Scalia’s defense of tortute, his dismissal of the execution of innocent people at the hands of the states and his homophobia and his inability to distinguish legal arguments from political talking points
Scalia doesn’t seem to care that in his dotage he is sounding increasingly unhinged and more and more like a right wing talk radio host. Even Chief Justice Roberts should be embarrassed by this racist bile. If Scalia can’t control himself, he should be removed from the Court, if he doesn’t have the good sense to remove himself into retirement.
Jun 27 2008
Jun 26 2008
Today, the Supreme Court issued a decision striking down the District of Columbia ban on hand gun ownership. Contrary to what some may think, the world has not been turned on its head, except that a rallying cry for the NRA and other forces that have used gun control as a wedge issue against Democrats for decades has been partially neutered.
The Court held that the second amendment right to bear arms is an individual, not just a collective right associated with having a state militia. But, it is still a limited right and is not totally disconnected from the concept of a militia. The court basically held that at the time of the founding the weapons that people had for personal protection are the same weapons they brought to their service in the militia. It is those weapons that the court says are covered by the Amendment.
Jun 16 2008
“No freeman shall be taken or imprisoned or dispossessed, or outlawed, or banished, or in any way destroyed, nor will we go upon him, nor send upon him, except by the legal judgment of his peers or by the law of the land.” 1
“One of the worst decisions in the history of this country.” 2
“The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” 3
May 07 2008
Thanks to Sarah Lane at EENR for supplying the links in this entry.
When the Supreme (Kangaroo) Court upheld an unconstitutional poll tax last week that was passed in the form of a voter suppression law in Indiana, some people (like Injustice Antonin Scalia) were quick to dismiss the horrendous effects. But as that state held its primary yesterday, reports about voters being turned away because they did not have the poll tax began coming out.
Twelve elderly nuns-NUNS, for crying out loud-were told they could not vote because they didn’t have the required state or federal ID card. They are all in their eighties and nineties. Vietnam and Gulf War I veteran Russell Baughman was denied his right to vote, because his identification wasn’t considered good enough.
People unable to obtain the draconian Indiana poll tax ID-nuns, veterans, the disabled, students, and poor folk-are being denied their right to vote. Denied because they cannot meet the requirements to obtain state-issued identification. Bradblog reports that in order to obtain the necessary items to get a state-issued identification card (a state-issued copy of one’s birth certificate), a state-issued identification card is needed. It’s a vicious and ultimately dangerous catch-22, making it impossible for the disenfranchised to meet the poll tax requirement. Bradblog also reports that at least 43,00 Indiana residents have been prevented from exercising their right to vote in this fashion.
This is what the Supremes upheld, ladies and gentlemen. Twenty states, including Ohio, have mandatory ID laws designed to suppress the votes of minorities, the elderly, students, veterans, and the poor (an economic situation that affects all the other categories of disenfranchised to one degree or another). Although the Buckeye State was able to counter this in part by allowing fewer restrictions on absentee voting, others-including Indiana-enjoy no such protections. This is what America has come to: another banana republic, another dictatorship, that suppresses the rights of its citizens and engages in sham elections.