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markpkessinger

(8,409 posts)
Fri Jun 26, 2015, 07:21 PM Jun 2015

My comment re: Scalia's dissent, posted to a NY Times editorial

This is the text of a comment I posted to a very fine New York Times editorial on the gay marriage decision titled, "A Profound Ruling Delivers Justice on Gay Marriage":

Mark Kessinger

In his rather unhinged dissent, Justice Scalia whines:

"A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.
. . . .
This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."

Touching, isn't it, this great concern for the people's right to self governance? So, I have to wonder: where was that concern in Bush v. Gore, when Scalia and his buddies thought it was perfectly okay to stop an election recount that was ongoing and to simply appoint the President they happened to prefer? Where was it in Citizens United and the other campaign finance decisions that opened our elections, and indeed our government itself, to unbridled influence by corporate interests?

In any event, to the extent that self-government by "the people" isn't an entirely laughable notion anyway at this stage in our history, there has also been a long-standing principle, recognized by the Court, that fundamental rights are not subject to majority vote. The Court has long recognized marriage as such a fundamental right. If, in fact, fundamental rights were to be subject to the whims of majority vote, NOBODY's rights would ever be safe.

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My comment re: Scalia's dissent, posted to a NY Times editorial (Original Post) markpkessinger Jun 2015 OP
Kudos...Yes, Scalia has proven in both this case and ACA that he is the biggest hypocrite alive randys1 Jun 2015 #1
agree collinsrent Jun 2015 #36
Hypocrite lsewpershad Jun 2015 #41
K & R Iliyah Jun 2015 #2
If he thinks the Supreme Court is so unnecessary....? kentuck Jun 2015 #3
Yep! He consistently demonstrates he is unfit for the job! n/t RKP5637 Jun 2015 #29
He isnt alone the other 3 who dissented just dont make any sense. cstanleytech Jun 2015 #50
As is often said, often sh** floats to the top! n/t RKP5637 Jun 2015 #54
Like most conservatives..... Adrahil Jun 2015 #49
nice! thought you have to admit the fruit hangs very low on this one.... unblock Jun 2015 #4
Quite so . . . markpkessinger Jun 2015 #7
Well said. LuvNewcastle Jun 2015 #11
Whenever you hear of a 6-3 ruling, Qutzupalotl Jun 2015 #13
Exactly! mdbl Jun 2015 #45
Excellent comment! Spazito Jun 2015 #5
Thanks, Spazito! n/t markpkessinger Jun 2015 #8
Great comment, mark Oilwellian Jun 2015 #6
Thank you, Oilwellian! n/t markpkessinger Jun 2015 #9
"Unhinged" is a kind way of putting it - TBF Jun 2015 #10
Unhinged indeed. Maybe we should consider doing something about that. Or saying something, calimary Jun 2015 #22
Especially when the only ones ALLOWED to vote are white male property owners. Spitfire of ATJ Jun 2015 #12
Since Scalia has that opinion (and lack of respect) for the "committee", can we expect.... George II Jun 2015 #14
really well done... dhill926 Jun 2015 #15
First off, you're a very good writer MannyGoldstein Jun 2015 #16
Mark is a good writer Oilwellian Jun 2015 #40
Very well stated. onecaliberal Jun 2015 #17
Scalia Is The Biggest Disgrace In Supreme Court History Liberal_Dog Jun 2015 #18
I disagree. I think that "honor" goes to his lapdog, Clarence Thomas... Raster Jun 2015 #26
I've got to agree Tardigrade Jun 2015 #27
Hey waterbear! welcome to DU! nt. druidity33 Jun 2015 #33
Thank you! Welcome to DU! Raster Jun 2015 #34
K & R SunSeeker Jun 2015 #19
Well said AuntPatsy Jun 2015 #20
Yes. Rights are to protect minorities from the tyranny of the majority. nt Bernardo de La Paz Jun 2015 #21
K&R. nt awoke_in_2003 Jun 2015 #23
It's only judicial tyranny when... 47of74 Jun 2015 #24
Justice Holmes' nickname is safe gratuitous Jun 2015 #25
Very nicely put rock Jun 2015 #28
You nailed it bucolic_frolic Jun 2015 #30
He should resign in protest immediately. n/t Hestia Jun 2015 #31
K & R!!!!! Thespian2 Jun 2015 #32
It's only "A committee of nine unelected lawyers" when he's on the losing side AnnetteJacobs Jun 2015 #35
Never forget Scalia's words that govt is the instrument of God to execute wrath.... madfloridian Jun 2015 #37
My God! markpkessinger Jun 2015 #48
how about his 200 bush vs gore decision? pansypoo53219 Jun 2015 #38
If Scalia really thinks that, then he really should resign. mahina Jun 2015 #39
k&r... spanone Jun 2015 #42
Great piece, Mark. Thanks for writing this and letting us know! n/t pnwmom Jun 2015 #43
K&R! This post should have hundreds of recommendations! Enthusiast Jun 2015 #44
Well played !! WheelWalker Jun 2015 #46
K&R JHB Jun 2015 #47
Torquemada Syndrome . orpupilofnature57 Jun 2015 #51
Very concise comment annihilating Scalia's dissent. Thank you! yardwork Jun 2015 #52
If he thinks it is wrong, why doesn't he resign? hollysmom Jun 2015 #53

kentuck

(111,111 posts)
3. If he thinks the Supreme Court is so unnecessary....?
Fri Jun 26, 2015, 07:28 PM
Jun 2015

...why doesn't he step down? That is why we have a Supreme Court, to make the tough decisions. If that is too tough for him, perhaps he should step out of the kitchen?

cstanleytech

(26,368 posts)
50. He isnt alone the other 3 who dissented just dont make any sense.
Sat Jun 27, 2015, 09:33 PM
Jun 2015

It makes me question how in the hell any of them managed to get through law school let alone pass the bar to practice law.

 

Adrahil

(13,340 posts)
49. Like most conservatives.....
Sat Jun 27, 2015, 08:17 PM
Jun 2015

He believes that decisions he likes are "defending liberty" and decisions he doesn't like are "judicial tyranny."

I hope the guy dies of a hate-induced aneurysm!

unblock

(52,515 posts)
4. nice! thought you have to admit the fruit hangs very low on this one....
Fri Jun 26, 2015, 07:33 PM
Jun 2015

scalia is nearly perfect example of a justice who decides a case on partisan grounds then searches for a convenient argument to disguise his decision-making method. if a state wants to keep people from doing something right-wing, then he's all about freedom for the people. but if a state wants to keep people from doing something left-wing, he's all about freedom for the state.

over the years he's gotten more and more curmudgeonly. his comments, particularly in dissent, have gotten more and more outrageous and immature.

and he served up some juicy ones this time.

markpkessinger

(8,409 posts)
7. Quite so . . .
Fri Jun 26, 2015, 07:42 PM
Jun 2015

His much-vaunted 'textualism' and 'originalism' gets thrown to the curb as soon as either pretense ceases to serve his forgone conclusion.

LuvNewcastle

(16,869 posts)
11. Well said.
Fri Jun 26, 2015, 07:54 PM
Jun 2015

I've noticed that tendency as well. Politics are central to nearly every decision he makes. That wouldn't be such a big deal, but he's the one who claims to be the strict-constructionist.

Qutzupalotl

(14,348 posts)
13. Whenever you hear of a 6-3 ruling,
Fri Jun 26, 2015, 08:11 PM
Jun 2015

you can almost always guess who the three are. Funny how that works.

It's almost as if Scalia has a preconceived outcome and argued backwards to support it, as if he had a thumb on the scales of justice.

TBF

(32,160 posts)
10. "Unhinged" is a kind way of putting it -
Fri Jun 26, 2015, 07:48 PM
Jun 2015

you show considerable restraint. And it's an excellent comment on substance as well.

calimary

(81,612 posts)
22. Unhinged indeed. Maybe we should consider doing something about that. Or saying something,
Fri Jun 26, 2015, 09:08 PM
Jun 2015

at least.

Some little ill-placed and rather inappropriate and even nonsensical cuties, for sure:

"The Court's next bit of interpretive jiggery-pokery..."

And "Pure applesauce,"

http://www.huffingtonpost.com/2015/06/25/scalia-dissent_n_7662702.html

Seriously? This is a grown man, supposedly one of the most highly-educated and esteemed legal minds ...

I think the rather infantile snark in his remarks (rather crude, tasteless, and yes, childish, for a 79-year-old Supreme Court Associate Justice and the decorum that attends such a position) suggest a serious questioning of this man's sanity. Are we witnessing his mental and intellectual decline? Deterioration? Are we watching a senior government official slowly but steadily coming unspooled?

I think maybe it's time to start questioning his mental acuity and indeed, his sanity. It's certainly worth asking questions about. This individual appears to be increasingly and manifestly mentally unstable. Perhaps it's time to question his ability to continue performing his job.

Hey scalia - maybe it's time to consider heading out to pasture? Surely this is just not as much fun anymore, if nothing else, 'eh? I can't imagine it's still fun for you, especially as you see some of your "ideals" being judicially unraveled.

Just sayin'... (she said, attempting to plant a new meme...)

George II

(67,782 posts)
14. Since Scalia has that opinion (and lack of respect) for the "committee", can we expect....
Fri Jun 26, 2015, 08:15 PM
Jun 2015

....his resignation to be on Obama's desk on Monday morning?

 

MannyGoldstein

(34,589 posts)
16. First off, you're a very good writer
Fri Jun 26, 2015, 08:36 PM
Jun 2015

I wish you'd write more OPs or have a blog or something, or maybe I just often miss it when you do write.

Second, Scalia is not just a jerk, he's an ignorant jerk. He always yammers on about the intent of the Founders, well "A system of government that makes the People subordinate" to a judiciary that interprets the law was precisely their intent. They could not have been more clear.

Raster

(20,998 posts)
26. I disagree. I think that "honor" goes to his lapdog, Clarence Thomas...
Fri Jun 26, 2015, 09:48 PM
Jun 2015

...who will NEVER, EVER be able to fill the shoes of Justice Thurgood Marshall.

https://en.wikipedia.org/wiki/Thurgood_Marshall

Tardigrade

(14 posts)
27. I've got to agree
Fri Jun 26, 2015, 09:52 PM
Jun 2015

As vile as Scalia is, Clarence Thomas wins the worst judge prize.
He sells rulings for cold cash!

bucolic_frolic

(43,567 posts)
30. You nailed it
Fri Jun 26, 2015, 10:08 PM
Jun 2015

These conservatives want to control everything and don't like it when it doesn't go their way.

Cruz wants elected Justices, Jindal wants to replace them.

Recall the historical furor over FDR's plan to augment the court to suit his programs

The Court is America's ballast, slow moving for stability and deliberation.

There are some terrible justices on the Court, some appear to not be doing their job
from a legal standpoint, just pontificating

Retirement age, term limits, limits on how many justices a President can appoint, at least
one for every 4 year President, that would offer more balance, but elections? Never

AnnetteJacobs

(142 posts)
35. It's only "A committee of nine unelected lawyers" when he's on the losing side
Sat Jun 27, 2015, 12:00 PM
Jun 2015

We should ask him: why bother having a Supreme Court at all, then?

madfloridian

(88,117 posts)
37. Never forget Scalia's words that govt is the instrument of God to execute wrath....
Sat Jun 27, 2015, 01:49 PM
Jun 2015
http://www.democraticunderground.com/10025177502

Supreme Court Justice Antonin Scalia 2002:
"Government...derives its moral authority from God. It is the minister of God with powers to "avenge" to "execute wrath" including even wrath by the sword."

First Things May 2002



markpkessinger

(8,409 posts)
48. My God!
Sat Jun 27, 2015, 08:11 PM
Jun 2015

I had never heard of this particular quote of his before. It prompted me to locate the original article:

http://www.firstthings.com/article/2002/05/gods-justice-and-ours

The whole piece is one of the sickest things I've read in a long, long time!

mahina

(17,778 posts)
39. If Scalia really thinks that, then he really should resign.
Sat Jun 27, 2015, 02:16 PM
Jun 2015

Some time around 1999 would have been good, but now will have to do.

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