Oh, that’s right, Tony wants people to read his opinions, better not do that then. But Mr. Vaffancullo — who from George H.W. Bush to John McCain gets singled out repeatedly as every conservative coddling candidate’s favorite justice — has the temperament not of Potter Stewart or John Marshall Harlan, but of Hugh Hewitt or Bill O’Reilly. What Larry the Cable Guy is to stand-up comedy, Antonin Scalia is to legal scholarship.
First in the recent Boumediene decision (habeas corpus for detainees) Scalia claimed the majority’s decision “will almost certainly cause more Americans to be killed,” and supported this view by asserting that “at least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield.”
Forget the well-reasoned and dispassionate phrasing of the right-wing blogger, Scalia commits the cardinal sin of any legal opinion, he makes stuff up:
Despite being repeatedly debunked, this statement has been reflexively accepted as true by Members of Congress and much of the American public. Justice Scalia is only the most recent disseminator of an urban legend that refuses to die. […]
[Scalia’s] source was a year-old Senate Minority Report, which in turn was based on misinformation provided by the Department of Defense.
Justice Scalia’s reliance on these sources would have been more justifiable had the urban legend he perpetuated not been (one would have thought) permanently interred by later developments, including a 2007 Department of Defense Press Release and hearings before the House Foreign Relations Committee less than two weeks before Justice Scalia’s dissent was released.
But Scalia is less a justice anymore than a blogger. I’m pretty sure Scalia is responsible for all manner of LOL Cat submissions.
And now, a few months after telling us Dirty Effing Hippies to get over it, Scalia seems to be projecting like Karl Rove…again:
"Richard Nixon, when he lost to [John F.] Kennedy thought that the election had been stolen in Chicago, which was very likely true with the system at the time," Justice Antonin Scalia told The Telegraph.
"But he did not even think about bringing a court challenge. That was his prerogative. So you know if you don’t like it, don’t blame it on me.
"I didn’t bring it into the courts. Mr Gore brought it into the courts."
Almost a solid blog post, if Scalia could have added a "Nixon should have burned the tapes" and "FDR let the Japanese bomb Pearl Harbor" then he’d really have an entire blog ready for merging into the Pajamas Media wankpire.
I’m only surprised there aren’t more references by him in interviews to his concurring opinion in the case Heh v. Indeed.
Related posts:
- RedState Blogger, Trying to Demonstrate Sotomayor is Stupid, Fails Reading Comprehension
- FDL Game Time: Which Judge Said This?
- The One Where Erick Erickson Brags about How Tolerant of Dissenting Opinions RedState Is
- New York Times Collects Silly Questions to Ask Sotomayor
- RedState Fundraising Drive for Wingnut Senatorial Candidates: Epic Fail





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How do we remove a Supreme Court Justice?
Maybe Scaliziod is losing his mind. Seriously. Because that is some demented shit.
Thanks for the post, Attaturk and good morning all.
I wonder if Hugh has a list of all the reasons we cold use to remove various Supreme Court members?
A Scalia Vaffancullo commercial with that picture and a all the dumb things Scalia has done would be great and then we close with John McCain saying how he wants to pick judges like Scalia would be hilarious!
You don’t. And that, really, is the whole story of this year’s presidential election.
On the “left” side, Stevens is 88; Ginsburg, 75; Breyer, 69; Souter, 68.
On the “wrong” side, we have Roberts at 53; Alito, 58; Thomas, 60. And Scalia is hanging in there at 72. Kennedy, who is usually wrong, is 71.
I’m pissed off at Obama about a number of things that happened this past week, but obviously, he’s the one we need to have appointing new, young, leftist Supreme Court Justices. Otherwise, we’re looking at a generation of police-state-enabling, abortion-abolishing, plutocratic judicial tyranny.
Speaking of Supreme Court picks I want Obama to have a litmus test either you are pro abortion rights and anti death penalty or you don’t get the Nod.
If the right doesn’t like it if they say we need a more Center pick inline with American values Ha! then we hit them.
Polls show that the majority of Americans want judges who worry more about the global warming and the North Pole disappearing than Exxon profits. Polls show we like gun control, Abortion rights, gay marriage etc.
Polls show that we are the majority the MSM talking heads and the 30%ers are the minority.
NAFTA, Free trade, FISA, Death penalty… so far oshama is showing his true DLC self. Liarman’s whore. If you think for one moment that he will nominate “liberal” judges you are living in la la land.
Good morning, pups. It’s Bobo and Krugman. Bobo typed something called “The Sam’s Club Agenda.” He says that if he could put one book on the desk of every Republican officeholder, “Grand New Party” would be it, as it offers the best road map for the Republican Party. He looks approvingly at young Republican scribes including (snort) Megan McArdle, and touts a book about how the Republicans can win the working class and save the American Dream. Mr. Krugman writes about “Fuels on the Hill,” and has a question and answer: Why are politicians so eager to pin the blame for oil prices on speculators? Because it lets them believe that we don’t have to adapt to a world of expensive gas.
http://mgpaquin.wordpress.com/
The coffee and tea are ready, and I’ve got some lemon poppyseed muffins this morning. I’m fastening my seatbelt and wondering how much lower the markets will go today. It looks like my retirement plan may be turning into “drop dead in the middle of a shift” as the only viable option. Have a great day.
I can’t agree. I’m as disappointed as you are with Obama. And, I’m really concerned about who is veep is going to be. But I do think he will appoint liberal judges. I’ll admit that I’m not as confident as I once was (feeling a bit kicked in the gut) but I don’t think he would ever even nominate an ‘Alito’.
Mornin’, pups -
Missed the live blogging of yoo/addington and just catching up via idjit box reruns.
It now goes without saying that most (if not all) of the DC dims are multiple vertebra short a spine but, d @ mn! Artur Davis and Keith Ellison sure do give good hearing.
milbank describes addington thusly, “He had the grace of Gollum as he quarreled with his questioners.”
http://www.washingtonpost.com/…..56_pf.html
What I do know is McCain will appoint conservative judges.
Speaking of which, what happened to closing the Enron Loophole? Lots of chatter then nada. And, I swear to God, if Obama says one more time that he’ll close it ‘when he’s pres’, I’ll scream.
NOW, Senator, do it NOW.
Didn’t Bobo refer to Walmart in his previous columns. Did he suddenly decide that Sam’s Club polls better?
FWIW, scarecrow’s
Oil Prices are Rising Because
Doesn’t McSame get his BBQ sauce from Sam’s Club?
Yes but if there is a strong Democratic majority Senate they may well rubber stamp oshama’s nominations but question and refuse a McSame nomination. If oshama were to nominate liarman. for instance, he may well get away with it. McSame not a snowballs chance.
Yes but that’s a big if. We saw how they tried to block the nomination of Alito and Roberts
Marion, I tried to read Bobo but lost interest. Are the liberals trying to institute a Danish welfare system in America? Maybe a book that Bobo would enjoy reading is SHOCK THERAPY.
Both Alito and roberts were passed when the Senate was in the clutches of the goopers if I remember correctly.
Heh. Poor Bobo’s wee head would probably explode! Not a bad thing, mind you, but messy.
They only needed 40 to block the nominations, though. Republican Presidents have been given great leeway in their choices.
Marion, Do you think that Georgia could be in play for Obama in the fall? Barr will take some votes away from McCain but when he was put in a new destrict he lost his bid for representative. If memory serves me, right before his primary, he had a few friends over and they were playing cowboys with guns. Where’s Raven he would remember the details?
Even Feingold folded on roberts and alito.
Citizen nomolos:
Yer workin’ on a sense a humor,right? Stay at it…you’ll get there.
Impeachments that need to be on the table:
Roberts.
Scalia.
Alito.
Thomas.
Bates.
Sentelle.
That guy down in Alabama who thwarted Siegelman’s appeal process by
never finalizing the trial transcript.
NO. I am damn disgusted by the pathetic pack of pandering politicians that are deep into the pockets of big business and the craven way they cave to corporate wishes. Not funny, not at all.
There’s a lot of spectulation that Barr will make a difference here. Also, now that Ron Paul’s folks seem to be working for him, that may make the inroads into McCain even stronger. It may wind up that in this neck of the woods instead of Obama getting disaffected Republicans they’ll go to Barr. Either way, McCain may be in more trouble than he’d like to be. I’ll be most interested to see the results from the Fort Stewart area, which is close to Savannah.
I mostly lurk early in the morning. It seemed to me that around the end of last month, Raven was getting questions from one of the other commentors that implied he needed “reforming”, in terms of using less military jargon and references to Vietnam. It seemed to me he got tired of it fast and I haven’t seen him comment since early June. Maybe I’m wrong, but that’s the impression I got.
Citizen nomolos:
I agree neither the politicians nor your statement about the potential for Obama’s judicial nominations are funny…and if ya give me any of that Ralph Nader “there’s not a dime’s worth of difference ” shit, I promise I’ll throw up all over yer carpet.
Yeah. There was one particular commenter who just crawled all over Raven who, while being a great guy, may not have patience as his strongest suit. I hope he’s lurking and will come back when he sees that whoever it was who ground off his last good nerve is gone.
Ditto. By the way, I was wondering if Bobo happened to mention a salad bar at Sam’s Club…since you’ve already read it, I mean.
Impeachment; same as the President. Unfortunately, our current Speaker of the House has no backbone for issues that matter.
I’m like, TOTALLY opposed to book burning, but can we make an exception for his?
No. I think he only frequents the salad bar at Applebee’s… (snort)
Marion, I’m only hearing disdain for Barr trying to be spoiler. I live in No. Fulton.
Sure. I have a little list — they’ll none of them be missed…
I remember that but don’t know if that’s what has caused Raven’s absence, but I do miss chatting with someone who knows from whence I come. And I’ll be glad to provide even more references to Nam and use military jargon. What some commenters fail to understand is Viet Nam vets belong to a brotherhood like no other. We usually keep our differences between ourselves but stand firm together against any and all. And with the mood I’m in I could make Raven’s comments seem like they came from Miss Manners.
Raven, if yer lurkin’ come on back. I got yer back, bro.
Here, where I’m referred to as either “the office crypto-Commie” or “our tame Democrat” I have yet to find one single person who’s going to vote for McCain, other than the stupidest woman in the world. So far 2 have told me they’re voting for Obama, some are considering sitting it out, and the rest are just wringing their hands and wailing. Truth be told, however, Chatham County is more “purple” than most of the rest of Georgia.
I understand. I’m a Vietnam Eravet (1965-1969). I was just describing what I saw. I have noted the understandable, but increasing lack of understanding of the military or point of view those who lived during the draft era. I hope he returns also.
here’s what’s up on Washington Journal, more guns, am waiting for a panel on telecom immunity and basket warrants and border guards downloading computer files but not today.
and good morning,
7:30am – Mark Davies, Attorney for District of Columbia & Stephen Halbrook, National Rifle Association, Board Member
8:15am – Hugh Hewitt, Radio Talk Show Host
8:50am – Jagdish Bhagwati, Author, “Termites in the Trading System”
9:30 – Newspaper Articles & Viewer Calls
9:45am – Paul Ryan, Campaign Legal Center, FEC Program Director
Gee, Most people around here think that Al Gore said he invented the internet. Their news comes from Neil Boortz so now they are up in arms about China drilling 90 miles off our shore and we can’t. He didn’t mention that Cuba is actually only 94 miles from Key West and if they do drill it would be in Cuban territorial waters.
By the way, while I’m commenting, great post, Attaturk. Scalia is always referred to as “brilliant”. I got the picture in the 60 Minutes interview. He’s brilliant because he can parse the constitution and discover that “cruel and unusual” is only unacceptable as punishment. It’s okay when used for recreation, gaining information, or other purposes.
*bows* Konnichiwa, Elliott
Those first two “guests” ought to make for some nauseating listening.
But, but, but… They’re going to slant drill into OUR oil… /channeling Faux News
Scalia’s a pig, pure and simple.
and the Termites book is an AEI production
Aren’t territorial waters only 12 miles out? Did faux news explain what type of equipment they had to achieve that? Help, I’m confused..
Speaking of Hewitt, here’s his latest fuckery from thinkProgress: Hewitt: U.S. will get ‘blown up by the Islamists under Obama.’
Scarecrow’s up!
Who could have predicted
Oh, a three-fer.
Scalia’s brilliance is an urban legend.
Let’s hope they put the first [edited by mod].
[Mod Note; Just a friendly reminder: In the comments at FDL, please don’t suggest violent acts be carried out on others. Thanks]
Bear in mind, these are the folks who believed that Iran could land a missle in America. Hmmm… Missle range 1200 miles, distance from Iran to USA about 6000 miles… Don’t confuse them with facts. It gives them migraines and dyspepsia.
Take it back! You offend the entire porcine family!
1,685 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen Southern Dragon:
Where IS Brother Raven and why is he missin’? I know he had a “set-to” with Mark From Ireland and Raven’s responses to Mark’s why over the line, holier than thou attacks on GI’s were censored while Ireland’s remarks were left en toto. I am afraid that this was a terrible mistake on the part of the site owners and I was tryin’ ta get Raven and a few other vets ta put tagether a front page post on the politics of return for war vets…I haven’t heard from ‘im for over two weeks now and I’m thinkin’that Sister Harden Smith needs ta reach out and see if she can’t get dialogue goin’ so she can maybe help ta keep what happened ta Nam vets from happenin’ ta these kids comin’ home now.
And while we’re on the topic…has there been an oklahoma kiddo siting since the Queen of hearts capitulated?
KEEP THE FAITH AND PASS THE AMMUNITION AND REMEMBER MORALITY MUST COME FROM SOME BASIS OF EXPERIENCE OTHERWISE IT’S JEST SANCTAMONIOUS BULLSHIT!!
and the rest are just wringing their hands and wailing.
No offense to you in that you work in this place, Marion…….but it couldn’t happen to a more deserving bunch of twits.
And to those who refer to you as “the office crypto-Commie”, a pox on both their left AND right hands.
I wish I knew. I notice that Mark from Ireland has also been absent since that evening. I didn’t get into that firefight cuz Raven was sayin’ what I would have and was holding his own. Like Raven, I too have issues with keyboard warriors. One of the reasons I can’t stand fuckin’ trolls. Spoiled little brats lookin’ for attention.
Why do you stand against any and all?
Scalia is a real study. Whereas Thomas is merely a non-entity who got in over his head, Scalia was actually trained in the law. Is his hatred of modern life so deep that he dismisses all he learned (and presumably taught) about judicial restraint? There is something deeply sick about him, and it is the same sickness that affects the Vice-President.
i don’t like gossiping, BUT ok, this is what i remember about the order of things. i guess the only person that can really say is raven himself.
marion at 30–that was just one thing, i think.
and nirsje, the mark thing he had blown off. or found a way to get around it.
crosstimbers at 28—that’s what i remember, someone who goes off topic on a regular basis basically told the vet guys that they were off topic and to stfu like she owned the place……one or two others joined in……..
ohters said they liked the talk and if they didn’t like it, to just skip over it…..was one of the only times they had done that that much on a thread and she acted like they did it all the time.
haven’t seen him since. figured he was doin’ the same thing i was when i got pissed off at people here.
ls asks about him all of the time.
Put bullshit like that in a brief and the best that can happen to you is that it’ll be ignored. for a supreme court justice to do it is unbelievable. should be unbelievable. scalia? believe it. remember when the wingnuts big mantra was “we don’t want no judges who cite the internets”? I guess they prefer justices who cite bogus “facts.” Disingenuous prick. It’s almost certain more Americans will die if alot of gun control laws start getting struck down coast to coast.
what can be done to convince Nino that he just isn’t that smart?
tyhat’s always puzzled me, too. he ain’t brilliant. wonder where that came from. he’s cocky and self assured and self righteous and full of himself. and wrong alot.
i really don’t know the situation but i remember raven. wish he’d return. he was a regular and far as i know, never offended anybnody. certainly never offended me. hate to see anybody leave.
That Scalia court opinion has been the outrage beyond outrages for me personally over the past few days. Court opinions from historically the most dignified branch of government should never, NEVER use the type of scare-tactic rhetoric of the worst of the right-wing blogosphere. They should be detailed, thoughtful, and often dry explanations of previous case law that only a trained lawyer could fully understand. But there is his dissent, in the same Supereme Court tomes of Brown v. Board, Loving v. Virginia (is that the right state?), and Rove v. Wade. Bonus points to Judge Roberts for adopting a different blogger style, in the form of the Duncan Hunteresque praise of how these detainees have never had it better when it comes to their human rights.
I realized hearing some NPR reports on the youth vote that there are voting-age people that have lived their entire teenage and adult lives under this Bush-world, where government leadership and media elites do not debate policy in an intelligent way, but rather deploy depressingly crude arguments and posturing strategies to stake out their views. I do remember pre-2000 (no golden age) when President’s were articulate, Legal scholarship was above politics, and media types dissected political rhetoric based on some laying out of the facts at hand. Now, to a younger generation (even though I’m 27), government and the institutions that are supposed to hold it accountable have been debased to the point where “Bring It On”, “Suck On This” and “[this opinion] will almost certainly cause more Americans to be killed” are positions in policy debate and formulation. They have to be legitimate, because the premier executive, judges, and journalists in this country have made them and have not been laughed out of their positions of power.
I can’t imagine how teenagers can sit through a basic High School Civics course these days without snickering uncontrollably. What Obama will do this country after these 8 years at this basic level almost makes me forget his shortcomings.
Impeachment is NOT just for Presidents (or House Speakers or Senate Majority Leaders). Impeachment is also for judges, including SCROTUS judges.
Because Feingold is under the FALSE impression that “advise and consent” of the Senate means that the senate can express an opinion (advise) but MUST consent – that “consent” is a command of what they must do rather than what the President must seek.
A real senator doesn’t give consent to any appointees the likes of which Bush has presented. We ALL saw what was coming from this SCROTUS court but somehow the senators are blind as bats (on issues of war too, hence the AUMF).
Late to the Lake and surely EPU’d, but just had to share a mock shudder at that photo omph.
Doesn’t the unesteemed honourless sirster know Marlon Brando’s already done that, and better?
The Telegraph:
A little late to comments, but can we please put this canard to bed?
The electoral vote margin in 1960 was 303 for Kennedy, and 219 for Nixon.
That’s a difference of 84 electoral votes. In 1960, Illinois was worth 27 electoral votes.
Do the math.
Obviously, Kennedy would have won the election whether or not he won Illinois. It wasn’t even close.
.