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1StrongBlackMan

(31,849 posts)
Thu Jun 28, 2012, 01:51 PM Jun 2012

Re: Civility at the SCOTUS ...

Last edited Thu Jun 28, 2012, 04:10 PM - Edit history (1)

In my time, I have read far too many Supreme Court Opinions. In attempting to apply these Opinions, I've often looked to Dissenting Opinions for openings.

I have always been impressed with the dissenting Justices' ability to disagree in a factual, reasoned and civil manner ... this is found even in the T. Marshall/Rehnquist clashes.

But enter A. Scalia ... He has taken his opinion writing to a whole 'nother place. His opinions are chalk full of disconnected and false factoids, flawed logical and legal reasoning; but more pointedly, personal attacks on other Justices.

This last point has me thinking that something is about to break. While the Court may have taken a "that's just Tony" approach to his personal attacks on Justices O'Conner, Kagan, Sotomayor, and even, Justice Kennedy; I can't imagine that the Court will cotton to Scalia's personal attacks on the Chief Justice.

While the Court is a "body of equals", like in that allegorical novella by George Orwell, "some are more equal than others."

I suspect (or should I say, hope) that the Court will either rein Scalia in or will begin to form coalitions against him, i.e., he takes a position and 5 (including Roberts, now) take the opposing position ... just to put him in his place.

I'm also wondering (or maybe hoping) that if this happens, Scalia's a$$hoeish nature will push him over the "bad behavior" edge and off the Court.

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MADem

(135,425 posts)
1. Tony has not gotten over the fact that his pal Porgie, puppet of his REAL pal Big Dick Cheney, did
Thu Jun 28, 2012, 01:57 PM
Jun 2012

not select him for the Chief Justice job so he could sew some Rhenquist braid (stolen from a USN uniform shop) on his nasty little robe.

I think that rejection will color his decision making forever and always. He holds a grudge, I suspect. Maybe his unreasonable anger will tax his heart and force him to resign to rest/recuperate.

 

Blue Meany

(1,947 posts)
2. He displays a lack of judicial temperament...
Thu Jun 28, 2012, 01:58 PM
Jun 2012

I'm not sure if that is an impeachable offense (or what is).

 

1StrongBlackMan

(31,849 posts)
6. Unfortunately ...
Thu Jun 28, 2012, 02:55 PM
Jun 2012

a lack of judicial temperament is not an impeachable offense. But as I mentioned earlier, it is not a way to win friends. And as human nature has it, such bullying conduct is likely to result in the bullied (and those the detest bullying) forming coalitions against you.

treestar

(82,383 posts)
3. It is amazingly unprofessional for any judge
Thu Jun 28, 2012, 02:01 PM
Jun 2012

Even a Court of Common Pleas Judge. Tony has let his success go to his head.

spooky3

(34,540 posts)
4. Thank you. You have just given me more confidence in my belief that Scalia is not nearly as smart as
Thu Jun 28, 2012, 02:15 PM
Jun 2012

some pundits say he is:

"But enter A. Scalia ... He has taken his opinion writing to a whole 'nother place. His opinions are chalk full of disconnected and false factoids, flawed logical and legal reasoning; but more pointedly, personal attacks on other Justices."

And your speculation is interesting. I think he is just smart enough, and has just enough self-control, to realize that he had better dial it back a little to avoid those developments. He doesn't want to get pushed off as long as a Democrat can name his replacement--and maybe even if a Repub. can.

 

1StrongBlackMan

(31,849 posts)
9. But that's the point ...
Thu Jun 28, 2012, 04:08 PM
Jun 2012
I think he is just smart enough, and has just enough self-control, to realize that he had better dial it back a little to avoid those developments. He doesn't want to get pushed off as long as a Democrat can name his replacement--and maybe even if a Repub. can.


It's not about being smart ... well it is ... but when you have convinced yourself that you are the smartest person in the room, you come to believe yourself bullet-proof.

Scalia reminds me of a law school (Contracts/Business Law) professor that I had. From what I understand, as an adjunct professor, he was widely considered brilliant legal scholar in the area of Contract Law. His love for the law came through in his classes and while he was a grueling practitioner of the Socratic Method, everyone came out of the course far better for it.

Then, he was granted tenure and his teaching style began to change ... He went from questioning to guide students to an answer (i.e., the Socratic Method) to questioning to humiliate the student ... learning be damned. The students couldn't challenge him because he was the professor and when other faculty members commented on his approach, he laughed it off saying he was "just preparing the next generation for a hostile Bench." So he felt he was bullet-proof ... he could beat up anyone, anyway he wanted, including his peers ... his 20 year career taught him that.

By the time, I had him the faculty clearly detested him and a few were openly hostile towards him. But in his mind, the hostility was jealousy/envy-based (sound familiar?).

Then, during my last year, the Dean of the Law school and the Chair of the Board of Regents announced a new initiative aimed at increasing minority/economically disadvantaged admissions and retention. This professor was livid ... "Affirmative Action effort was clearly reverse-discrimination and will be the down-fall of (the school's) good standing." He began using his lecture time and the student press to voice his opinion. And when he was told to stop, he began attacking the school's administration for "attempting to stifle his 1st Amendment rights (sound familiar?)."

When his attacks went from attacking the initiative to personal attacks on those that opposed his commentary, he was placed on sabbatical, from which he never returned. And it is my understanding, his faculty-peers were the one's that engineered his removal.

We can only hope for as much for Justice Scalia.

Baitball Blogger

(46,786 posts)
5. Is there any doubt that Scalia is a poor reflection on the Supreme Court's ability
Thu Jun 28, 2012, 02:21 PM
Jun 2012

to remove itself from politics and rule objectively?

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