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Justice Scalia Dies at Age 79
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Xie Lin



Joined: 21 Oct 2011
Posts: 731

PostPosted: Sat Feb 13, 2016 11:29 pm    Post subject: Justice Scalia Dies at Age 79 Reply with quote

Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79

"Justice Antonin Scalia, whose transformative legal theories, vivid writing and outsize personality made him a leader of a conservative intellectual renaissance in his three decades on the Supreme Court, was found dead on Saturday at a resort in West Texas, according to a statement from Chief Justice John G. Roberts Jr. He was 79.

“He was an extraordinary individual and jurist, admired and treasured by his colleagues,” Chief Justice Roberts said. “His passing is a great loss to the Court and the country he so loyally served.

The cause of death was not immediately released.

Justice Scalia began his service on the court as an outsider known for caustic dissents that alienated even potential allies. But his theories, initially viewed as idiosyncratic, gradually took hold, and not only on the right and not only in the courts.

He was, Judge Richard A. Posner wrote in The New Republic in 2011, “the most influential justice of the last quarter century.” Justice Scalia was a champion of originalism, the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution. In Justice Scalia’s hands, originalism generally led to outcomes that pleased political conservatives, but not always. His approach was helpful to criminal defendants in cases involving sentencing and the cross-examination of witnesses."

http://www.nytimes.com/2016/02/14/us/antonin-scalia-death.html?_r=0

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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sun Feb 14, 2016 7:55 am    Post subject: Reply with quote

R.I.P. Scalia, and gratitude for your many years of service to the nation.

Thinking ahead, though (as I see the political machine already is) I can't imagine a more impactful event on the heart of the US political system at this particular time. A perfect storm - with VERY high-stakes outcomes!
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Sun Feb 14, 2016 8:56 am    Post subject: Reply with quote

How do you like the constitution now, Ted Cruz?
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spiral78



Joined: 05 Apr 2004
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PostPosted: Sun Feb 14, 2016 9:06 am    Post subject: Reply with quote

Oh, they're all whining that the Dems should do what the Republicans would NEVER do - wait for a new president before appointing a new justice.
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AGoodStory



Joined: 26 Feb 2010
Posts: 738

PostPosted: Sun Feb 14, 2016 2:27 pm    Post subject: Reply with quote

spiral78 wrote:
Oh, they're all whining that the Dems should do what the Republicans would NEVER do - wait for a new president before appointing a new justice.



JUSTICE ANTONIN SCALIA'S DEATH SETS UP BIG POLITICAL BATTLE

". . . Republican Senate Majority Leader Mitch McConnell insisted the next administration should make the appointment.
"The American people should have a voice in the selection of their next Supreme Court Justice," the Kentucky Republican said. "Therefore, this vacancy should not be filled until we have a new President."
http://www.cnn.com/2016/02/13/politics/antonin-scalia-supreme-court-replacement/

All of the the leading candidates for the Republican nomination made similar statements. In fact, every one of the frontrunners on both sides made a political statement with the exception of Bernie Sanders who simply expressed his sympathy for the family.

These strict constitutionalsts who are now saying the president and the senate should not fulfill a constitutional requirement seem to be undermining their own credibility.
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spiral78



Joined: 05 Apr 2004
Posts: 11534
Location: On a Short Leash

PostPosted: Sun Feb 14, 2016 2:40 pm    Post subject: Reply with quote

Quote:
These strict constitutionalsts who are now saying the president and the senate should not fulfill a constitutional requirement seem to be undermining their own credibility.


Credibility is hard to find in the current lineup already - this will certainly bring out the (still) worst.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Sun Feb 14, 2016 3:12 pm    Post subject: Reply with quote

On the news this morning, I heard Republican presidential candidate Marco Rubio say. "The Constitution is NOT a living, breathing document."

Presumably, that means he considers it to be dead. Very Happy

Regards,
John
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spiral78



Joined: 05 Apr 2004
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PostPosted: Sun Feb 14, 2016 3:15 pm    Post subject: Reply with quote

I thought they all believed that the Christian bible is a living, breathing document - I'm surprised that they would have a different slant on the nature of the Constitution. Well, unless it's highly expedient at the moment Wink Rolling Eyes
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gregory999



Joined: 29 Jul 2015
Posts: 372
Location: 999

PostPosted: Sun Feb 14, 2016 6:49 pm    Post subject: Reply with quote

johnslat wrote:
On the news this morning, I heard Republican presidential candidate Marco Rubio say. "The Constitution is NOT a living, breathing document."

Presumably, that means he considers it to be dead. Very Happy

Regards,
John

It seems Marco, like Justice Scalia, is an originalist, who is influenced by this book:
Not a Living Breathing Document: Reclaiming our Constitution: An Introduction to the Historic Foundations of American Liberty
by Mrs. KrisAnne Hall
http://www.amazon.com/Not-Living-Breathing-Document-Constitution/dp/146111357

"The original meaning theory, which is closely related to textualism, is the view that interpretation of a written constitution or law should be based on what reasonable persons living at the time of its adoption would have declared the ordinary meaning of the text to be."
https://en.wikipedia.org/wiki/Originalism
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johnslat



Joined: 21 Jan 2003
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Location: Santa Fe, New Mexico, USA

PostPosted: Sun Feb 14, 2016 7:51 pm    Post subject: Reply with quote

Oh, good - that means that the Second Amendment's "right to bear arms" can refer only to black-powder, muzzle-loading muskets. Very Happy

Regards,
John
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AGoodStory



Joined: 26 Feb 2010
Posts: 738

PostPosted: Sun Feb 14, 2016 11:42 pm    Post subject: Reply with quote

spiral78 wrote:

Credibility is hard to find in the current lineup already. . . .


Well, there is that! Ted Cruz is the (self-described) constitutional originalist I had in mind--ineligible for the presidency by his own interpretation, although considered eligible by others. I guess the originalism is a matter of convenience rather than conviction. Expediency carries the day.
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steki47



Joined: 20 Apr 2008
Posts: 1029
Location: BFE Inaka

PostPosted: Mon Feb 15, 2016 12:27 am    Post subject: Reply with quote

Scalia was quite the curmudgeon. A few sample quotes:

Quote:
•Scalia isn't impressed with America's grammar and isn't afraid to show it. The justice bemoaned "the illiterates who communicate with the public" after a flight attendant said "it's required that your luggage is under the seat in front of you" rather than "be under the seat."


Quote:
When a law student at University of Wyoming asked Scalia what classes she should take, he said she should skip the "frill classes" like women in justice. "Take the bread and butter courses. Do not take 'law and women,' do not take 'law and poverty,' do not take 'law and anything,'" he said, adding that many professors like to "teach their hobbies."


Quote:
"A man who has made no enemies is probably not a very good man."


http://www.businessinsider.com/crazy-quotes-from-justice-antonin-scalia-2012-12
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Mon Feb 15, 2016 12:30 pm    Post subject: Reply with quote

"Crazy quotes"

I'd say what's mentioned in the link to the piece sums it up nicely. Very Happy

Regards,
John
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gregory999



Joined: 29 Jul 2015
Posts: 372
Location: 999

PostPosted: Mon Feb 15, 2016 8:44 pm    Post subject: Reply with quote

Here’s the man 2 of America’s most prominent legal experts believe Obama would like to make the next Supreme Court justice:
http://www.businessinsider.sg/who-would-obama-want-to-replace-scalia-2016-2/#.VsI1fGatPv8

Obama's nominee would be the first Asian-American on the high court.

It seems America is improving with regard of race equality! Smile
Barack Obama is the first African-American President of the United States.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Mon Feb 15, 2016 9:16 pm    Post subject: Reply with quote

As a side-benefit, when (not if) a nomination is made (probably of a minority group jurist or a woman or both) and the Republicans in Congress block it, well, that's likely not going to sit well with all the voters of whatever group the jurist if part of.

Regards,
John
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