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DonViejo

(60,536 posts)
Thu Jun 25, 2015, 01:58 PM Jun 2015

Yet Again, A Scalia Dissent Is Used Against Him

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 would not operate as Congress intended and may not operate at all."

Roberts used the line to argue that it "is implausible that Congress meant the Act to operate" in a manner to limit the subsidies only to those states with state-operated exchanges, as the challengers in King v. Burwell argued.

This is not the first time Scalia has seen one of his dissents used against him. His dissent to the 2013 Windsor decision that struck down the Defense of Marriage Act was widely cited by lower courts to invalidate state bans on same-sex marriage.

###

http://talkingpointsmemo.com/dc/scalia-dissent-obamacare-used-against-him

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Yet Again, A Scalia Dissent Is Used Against Him (Original Post) DonViejo Jun 2015 OP
Time for Fat Tony to trade in his black robe The Velveteen Ocelot Jun 2015 #1
Tom the Dancing Bug did a number of cartoons about Scalia el_bryanto Jun 2015 #4
His opinions and positions are right, they're just not correct. George II Jun 2015 #14
Jesus is depending on him rurallib Jun 2015 #22
I agree, he is just not mentally fit really to sit on the court anymore especially after cstanleytech Jun 2015 #11
Or one of those stylish wraparound jackets. hifiguy Jun 2015 #19
He's Opus Dei so he might already be wrapped in barbed wire. Spitfire of ATJ Jun 2015 #24
Scalia is Opus Dei? Betty Karlson Jun 2015 #44
Opus Dei… What kind of people are they? MrMickeysMom Jun 2015 #54
Chief Justice Roberts is a member, but only reportedly. Ikonoklast Jun 2015 #55
They also believe suffering is good for the soul.... Spitfire of ATJ Jun 2015 #58
That's what happens when people speak with forked tongue. Hassin Bin Sober Jun 2015 #42
anal ON THE PAGE typo over intent. now THAT is justice! pansypoo53219 Jun 2015 #2
His ignorant rants make him his own worst enemy. I imagine even Roberts is sick of him. randome Jun 2015 #3
Not as long as I'm alive will Justice Scalia be his own worst enemy gratuitous Jun 2015 #6
That reminds me of a very famous quote: hifiguy Jun 2015 #20
he's an ugly disgusting piece of shit samsingh Jun 2015 #49
Reading part of his dissent today in Bergefell gratuitous Jun 2015 #56
agreed. we have an scalia in waiting in the imbecile alito samsingh Jun 2015 #57
He's always been nasty and snarky (I think he thinks it makes him seem especially clever) The Velveteen Ocelot Jun 2015 #28
He used to write with a certain literary and historical flair, hifiguy Jun 2015 #31
His rants used to be kind of clever sometimes. The Velveteen Ocelot Jun 2015 #33
His perfect revenge would be to retire. He now hates his friends almost as much as he hates the randys1 Jun 2015 #51
Oh man. Scalia's gonna blow a gasket. Arugula Latte Jun 2015 #5
They have someone come in twice a week. randome Jun 2015 #7
Your sense of humour is a treasure. Betty Karlson Jun 2015 #45
Love it! nt SunSeeker Jun 2015 #8
Scalia does not use precedent, reason or logic to decide tabasco Jun 2015 #9
Bingo....Scalia = Fox, Judgified. Fred Sanders Jun 2015 #21
He's not pandering to anyone. He honestly hifiguy Jun 2015 #34
Even if true, which is questionable, it makes him no less corrupt tabasco Jun 2015 #37
He's corrupt and nuts. hifiguy Jun 2015 #38
Scalia has gone downhill, perhaps, but many of his opinions are very well-argued, Vattel Jun 2015 #39
Did you read any of the dissenting opinion? It was laced with nasty and obnoxious comments.... George II Jun 2015 #10
His stuff often is. tishaLA Jun 2015 #12
When I was a young pup fresh out of law school, one of the senior hifiguy Jun 2015 #16
that's a great story. Thanks for sharing it. nt tishaLA Jun 2015 #17
I think I know who that was... The Velveteen Ocelot Jun 2015 #25
One of the last of the old-time lawyers hifiguy Jun 2015 #26
It certainly was. herding cats Jun 2015 #41
Hopefully we'll see tomorrow. If they're smart they won't let him write the dissent. George II Jun 2015 #43
That is a judge's gentlemanly way hifiguy Jun 2015 #13
Jiggery-Pokerey defined alfredo Jun 2015 #15
Had to look up lemon party AndreaCG Jun 2015 #35
Him and Clarence ..... Ugh alfredo Jun 2015 #36
Scalia believes he is God. asjr Jun 2015 #18
Scalia is and has been a phony. Kyblue1 Jun 2015 #23
i've never seen a Supreme Court Justice with such a blatant bias... spanone Jun 2015 #27
Caligula's horse would be a better SCOTUS justice than either of those two. hifiguy Jun 2015 #30
In the end, Scalia seems to always end up sounding like a blithering idiot. Vinca Jun 2015 #29
Luv me some of that ironeee. ananda Jun 2015 #32
For Tony Oilwellian Jun 2015 #40
Scalia must be annoying Roberts. McCamy Taylor Jun 2015 #46
You Don't Understand ProfessorGAC Jun 2015 #47
I can respect sound judicial reasoning bucolic_frolic Jun 2015 #48
Love it!!! Beacool Jun 2015 #50
If he is so disgusted why doesn't he just hang it up and retire to Fischer Island Peregrine Took Jun 2015 #52
If Scalia is losing it...... Capt.Rocky300 Jun 2015 #53

The Velveteen Ocelot

(116,021 posts)
1. Time for Fat Tony to trade in his black robe
Thu Jun 25, 2015, 02:06 PM
Jun 2015

for the white sheet he currently wears only in his mind. I think the old boy is getting a bit senile if he can't even keep track of his own opinions.

el_bryanto

(11,804 posts)
4. Tom the Dancing Bug did a number of cartoons about Scalia
Thu Jun 25, 2015, 03:12 PM
Jun 2015

The main point being that he has a sense of the rightness of his position, and the text of the law or even his own former opinions doesn't really seem to matter so much as getting the "right" answer.

Bryant

cstanleytech

(26,367 posts)
11. I agree, he is just not mentally fit really to sit on the court anymore especially after
Thu Jun 25, 2015, 04:25 PM
Jun 2015

trying to argue that churches could be forced to wed gay couples which is pure unadulterated bullshit.

MrMickeysMom

(20,453 posts)
54. Opus Dei… What kind of people are they?
Fri Jun 26, 2015, 01:37 PM
Jun 2015

Ref: http://www.mond.at/opus.dei/opus.dei.uo.faq.html

...Mostly good people. People with good hearts who love God and want to do good things and sacrifice themselves for the work of God. Only/mostly good people are attracted by them. These people are all a bit naive because they make one big mistake: They think that the Opus Dei can not be bad, because the people there are good people and they are all very religious. Therefore, they do not see all the evil ideology which is in the teachings of Josemaria Escriva (founder of Opus Dei). Most of these people are rather intelligent, as the Opus looks for intelligent people because they want to increase their influence on society this way and they can get more money from them. But intelligence does not always go along with a critical mind. Particularly when it comes to religious topics, many people refuse to use their intellect at all.

Ikonoklast

(23,973 posts)
55. Chief Justice Roberts is a member, but only reportedly.
Fri Jun 26, 2015, 01:37 PM
Jun 2015

Antonin Scalia, Samuel Alito, and Clarence Thomas all belong to Opus Dei.

 

Spitfire of ATJ

(32,723 posts)
58. They also believe suffering is good for the soul....
Fri Jun 26, 2015, 02:32 PM
Jun 2015

Rich ones like him think they're doing the poor a favor by cutting off their aid because the poor have it too easy..

Hassin Bin Sober

(26,370 posts)
42. That's what happens when people speak with forked tongue.
Thu Jun 25, 2015, 10:18 PM
Jun 2015

It's always been easy to trip up people not arguing in good faith.

 

randome

(34,845 posts)
3. His ignorant rants make him his own worst enemy. I imagine even Roberts is sick of him.
Thu Jun 25, 2015, 03:11 PM
Jun 2015

[hr][font color="blue"][center]Everything is a satellite to some other thing.[/center][/font][hr]

gratuitous

(82,849 posts)
6. Not as long as I'm alive will Justice Scalia be his own worst enemy
Thu Jun 25, 2015, 03:22 PM
Jun 2015

I imagine, though, that Justice Scalia is puzzled by having his own stupid words thrown back in his stupid face: "Hell, I never pay attention to what I've written before! Why does anyone else?"

 

hifiguy

(33,688 posts)
20. That reminds me of a very famous quote:
Thu Jun 25, 2015, 04:45 PM
Jun 2015

Someone commented to Rudolph Bing, manager of the Metropolitan Opera, that "George Szell is his own worst enemy." "Not while I'm alive, he isn't!" said Bing.

gratuitous

(82,849 posts)
56. Reading part of his dissent today in Bergefell
Fri Jun 26, 2015, 01:50 PM
Jun 2015

I don't think Justice Scalia is very happy in his job; he should get his resume in order and start looking around.

The Velveteen Ocelot

(116,021 posts)
28. He's always been nasty and snarky (I think he thinks it makes him seem especially clever)
Thu Jun 25, 2015, 05:16 PM
Jun 2015

but his opinions are becoming more and more irrational and less and less based on any reasonable interpretation of the law. Fat Tony is the epitome of an "activist" judge, a term thrown at liberal courts when the right wingers don't agree with a decision. But Scalia is exactly that, and worse: he decides the result first, then tortures the law to fit that result. And he's doing it more and more obviously and irrationally.

 

hifiguy

(33,688 posts)
31. He used to write with a certain literary and historical flair,
Thu Jun 25, 2015, 05:26 PM
Jun 2015

which made his utter wrongness easier and sometimes even rather entertaining to read. Now his opinions are pure Abe Simpson:

randys1

(16,286 posts)
51. His perfect revenge would be to retire. He now hates his friends almost as much as he hates the
Fri Jun 26, 2015, 01:09 PM
Jun 2015

rest of the world.

He could show them

 

randome

(34,845 posts)
7. They have someone come in twice a week.
Thu Jun 25, 2015, 03:29 PM
Jun 2015

[hr][font color="blue"][center]Everything is a satellite to some other thing.[/center][/font][hr]
 

tabasco

(22,974 posts)
9. Scalia does not use precedent, reason or logic to decide
Thu Jun 25, 2015, 04:17 PM
Jun 2015

He only panders to his right-wing masters. He is the archetype corrupt political judge.

 

hifiguy

(33,688 posts)
34. He's not pandering to anyone. He honestly
Thu Jun 25, 2015, 05:35 PM
Jun 2015

BELIEVES every word he writes. That's what he is. I know a guy, now a federal judge, who clerked for him on the DC Circuit. The opinions are his unvarnished core beliefs, though they have sounded more and more like Abe Simpson as the years go by.

 

tabasco

(22,974 posts)
37. Even if true, which is questionable, it makes him no less corrupt
Thu Jun 25, 2015, 07:31 PM
Jun 2015

A judge is not supposed to issues decisions based on his personal beliefs.

A judge is expected to base his decisions on LAW.

 

Vattel

(9,289 posts)
39. Scalia has gone downhill, perhaps, but many of his opinions are very well-argued,
Thu Jun 25, 2015, 07:49 PM
Jun 2015

and the suggestion (not saying it is your suggestion) that he merely ignores the law in favor of his own personal beliefs has no basis in reality. I rarely agree with him, but I also rarely think that his arguments are dumb.

George II

(67,782 posts)
10. Did you read any of the dissenting opinion? It was laced with nasty and obnoxious comments....
Thu Jun 25, 2015, 04:21 PM
Jun 2015

....and insulting comments - comments directed toward his fellow justices.

I've never seen anything like this from a Supreme Court justice. He's had simply lost all sense of reality and objectivity.

tishaLA

(14,176 posts)
12. His stuff often is.
Thu Jun 25, 2015, 04:34 PM
Jun 2015

I'm always amazed that conservatives talk about his "brilliance" when his opinions are often filled with snark, petulance, and phrases that are ultimately used against him. And even when they aren't snark filled and petulant, they aren't particularly well-reasoned.

Conservatives must have special criteria for brilliance.

 

hifiguy

(33,688 posts)
16. When I was a young pup fresh out of law school, one of the senior
Thu Jun 25, 2015, 04:39 PM
Jun 2015

partners in the firm at which I was working was getting ready to argue a case in front of the Supremes. This was back in the late 1980s. John was a kind, gentle man, a lifelong liberal Democrat involved with the upper reaches of the state party, and never said a bad word about anyone. Small town MN boy who went from the U of MN to Harvard Law, where he was on the Law Review, graduated magna, and clerked for Felix Frankfurter.

The topic of the case came up in a meeting and someone asked him about Scalia, who had been one of his classmates. His dry response "I knew him in law school. Tony is very smart, but only half as smart as he thinks he is" and the twinkle in his eye said it all.

John won his case before the SCOTUS. Scalia dissented.

 

hifiguy

(33,688 posts)
26. One of the last of the old-time lawyers
Thu Jun 25, 2015, 05:14 PM
Jun 2015

who saw the practice of law as a learned profession. John was one of a kind and as good a human being as ever walked the earth.

herding cats

(19,569 posts)
41. It certainly was.
Thu Jun 25, 2015, 10:11 PM
Jun 2015

I can't believe he's comfortable in his own skin, what with all the anger and hate inside of him.

I shudder to imagine what his dissent to the gay marriage ruling will be if it comes down on the side of civil rights for all as it should.

alfredo

(60,082 posts)
15. Jiggery-Pokerey defined
Thu Jun 25, 2015, 04:37 PM
Jun 2015

Jiggery-Pokerey is a game played at lemon parties. How did Scalia know that?

spanone

(135,952 posts)
27. i've never seen a Supreme Court Justice with such a blatant bias...
Thu Jun 25, 2015, 05:15 PM
Jun 2015

well, there is clarence the mute

ProfessorGAC

(65,466 posts)
47. You Don't Understand
Fri Jun 26, 2015, 11:32 AM
Jun 2015

In 2012 he was basing that on the original intent of the framers. Now, he's basing his view on the original intent of the framers. Obviously the framers changed their mind between 2012 and now, even though they've all been dead for 200 years or more.

Not sure how you missed something so obvious.

bucolic_frolic

(43,551 posts)
48. I can respect sound judicial reasoning
Fri Jun 26, 2015, 12:38 PM
Jun 2015

which cites facts, case law, precedent.

But there seem to me to be 2 to 3 justices who are simply not working very
hard. They spout off like journalists, or are a simple knee-jerk to the right
wing position.

Yeah. Scalia, Alito, Thomas.

These lifetime appointments. Some presidents have appointed SIX justices.
We'd get more stability and less partisanship with retirement ages, limits to appointments, and at
least one for each President who serves at least 4 years.

Beacool

(30,254 posts)
50. Love it!!!
Fri Jun 26, 2015, 01:02 PM
Jun 2015

His head exploding is making this day even better than it already is. I can't wait for the day that this narrow minded bigot is no longer in the Supreme Court. Thanks Ronnie for appointing this jerk.




Peregrine Took

(7,421 posts)
52. If he is so disgusted why doesn't he just hang it up and retire to Fischer Island
Fri Jun 26, 2015, 01:11 PM
Jun 2015

or where ever the fat cats are going these days?

Capt.Rocky300

(1,005 posts)
53. If Scalia is losing it......
Fri Jun 26, 2015, 01:35 PM
Jun 2015

isn't upon Roberts to show him the door? He is, after all, Chief Justice, i.e. the boss. I know it's a lifetime appointment but if Scalia is not functioning in a rational manner or is having memory issues there must be a way to push him toward retirement. Of course that would open up a slot for Obama to fill which would open a whole new can of worms. I think I'd prefer the worms.

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