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U.S. Supreme Court Justice Antonin Scalia has died

327 pointsby cgtyoderover 9 years ago

27 comments

ianamartinover 9 years ago
I usually disagreed with Scalia, but I have tons of respect for the man. He&#x27;s always struck me as one of the best examples of the idea that two intelligent, educated people with reasonable minds may legitimately come to different conclusions about the same set of facts.<p>I also found when reading transcripts of oral arguments that Scalia was really terrifically funny pretty often.<p>Once, I was doing some computer repair work for an attorney who was interviewing Scalia extensively for a book about Supreme Court oral arguments. It was late in the day, and all the other staff were gone.<p>The phone rang, and the attorney asked me if I would answer it since I was close, and tell whoever it was that he was busy. I picked it up and the voice on the other end said, &quot;let me speak to x.&quot; I said he wasn&#x27;t in. The voice says, &quot;I know he&#x27;s in. Let me speak to him <i>please</i>.&quot; I tried to deflect again, and he finally says, &quot;This is Justice Scalia. I guarantee you your boss wants to talk to me.&quot;<p>Without thinking I piped up and said, &quot;Oh, Justice Scalia! You won&#x27;t believe who just walked in the door! Just a second.&quot;<p>Apparently Scalia thought that was hilarious and told the guy to pay me extra for popping off to a Supreme Court justice like that.<p>Edit: as a quick sidenote, I&#x27;d encourage everyone to actually read the oral arguments and the full opinions for important cases as they come up. The media is absolutely terrible about over simplifying or just straight up not getting the issues correct.<p>You will find that there is a hell of a lot of thought that goes into opinions, and there is much less predetermined ideology than the way these things often get painted.
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rrggrrover 9 years ago
Scalia was foremost an advocate of judicial restraint, who believed that the further the Courts stretched interpreting law, the more vulnerable the Courts become to the animosities of the Executive and Legislative branches. The Judiciary, Scalia understood, was the least powerful and most vulnerable of the three branches of government, and its strength and influence rests in its artful and judicious use of its very, very limited authority. A few Scalia quotes that illustrate this:<p>&gt;There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.<p>&gt;If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That&#x27;s flexibility.<p>&gt;“This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct.<p>&gt;“Perhaps sensing the dismal failure of its efforts to show that ‘established by the State’ means “established by the State or the Federal Government,’ the Court tries to palm off the pertinent statutory phrase as ‘inartful drafting.’ … This Court, however, has no free-floating power ‘to rescue Congress from its drafting errors.’”
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dansoover 9 years ago
RIP Justice Scalia. Didn&#x27;t agree with him on * many things but he seemed like a relatively principled judge, as far as they go.<p>(edit: Actually, can&#x27;t think of too &quot;many&quot; things off the top of my head where I fully disagreed with him. I did enjoy reading his written rulings)<p>In the coming days, it&#x27;ll be interesting to see retrospectives on how Justice Scalia ruled on such issues as tech privacy and censorship. For example, in Brown vs. Entertainment Merchants Association (2011), Justice Scalia wrote the majority opinion which said that &quot;video games qualify for First Amendment protection&quot;<p><a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Brown_v._Entertainment_Merchants_Ass%27n" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Brown_v._Entertainment_Merchan...</a><p>edit: More context on the ruling if you don&#x27;t feel like clicking through: The 7-2 opinion struck down a California law that banned the sales of video games to minors, which had been signed into law by (of all the ironies), Republican Governor Arnold Schwarzenegger.<p>Basically, the court saw video games as art:<p>&gt; <i>Like the protected books, plays, and movies that preceded them, video games communicate ideas—and even social messages—through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player&#x27;s interaction with the virtual world). That suffices to confer First Amendment protection.</i><p>As described by Wikipedia:<p>&gt; <i>Scalia&#x27;s decision also stated that the current self-moderated industry standards like the ESRB are operated effectively to regulate the sale of more mature games to minors, and that &quot;filling the remaining modest gap in concerned-parents&#x27; control can hardly be a compelling state interest&quot; requiring a law to enforce.</i><p>The two dissents were Justice Breyer (considered a liberal justice) and Justice Thomas, who is seen just as much of the conservative base as Scalia is. According to Wikipedia:<p>&gt; <i>Justices Clarence Thomas and Stephen Breyer dissented, each authoring a separate dissent. Justice Thomas, in his dissent, considered that historically, the Founding Fathers &quot;believed parents to have complete authority over their minor children and expected parents to direct the development of those children,&quot; and that the intent of the First Amendment &quot;does not include a right to speak to minors (or a right of minors to access speech) without going through the minors&#x27; parents or guardians.&quot;</i><p>Justice Alito and Roberts, the 2 other conservative members of the court, concurred with Scalia&#x27;s opinion, but had reservations about being too lax in regulating the content of video games:<p>&gt; <i>&quot;There are reasons to suspect that the experience of playing violent video games just might be very different from reading a book, listening to the radio, or watching a movie or a television show,&quot; referencing the book Infinite Reality which highlights the psychological effects of virtual reality, and argued that the decision &quot;would not squelch legislative efforts to deal with what is perceived by some to be a significant and developing social problem.</i>
teawithcarlover 9 years ago
In 1992, I saw Scalia in person preside over a three-judge panel (including two other federal district judges) at Harvard - at the Ames Moot Court, the famous moot (fake) court for the very best two teams of third-year law students.<p>He did an excellent job over the two day proceedings. It was fascinating to watch in person.<p>In a parallel event in the evening, I watched Scalia take questions in an open air pavilion lawn (with no security whatsoever, just an open event on campus). At one point an audience member asked him, &quot;What&#x27;s the most difficult area of law for you personally to judge?&quot;<p>After seriously furrowing his brow and mind, he finally and sincerely proffered up ... &quot;Indian (Native American) law&quot;.<p>My take on his answer - he found that area of law truly difficult as a strict constructionist.
liquidiseover 9 years ago
This will likely result in a major political shift of the court. Even if Obama places a staunch centrist, it will be a net left swing, as Scalia was perhaps the second most conservative justice beside Thomas.<p>There have been a great deal of 5-4 decisions since Sotomayor&#x27;s nomination that in the future could easily fall the other way.
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udfalksoover 9 years ago
A judge quoted in the article said, &quot;my educated guess is nothing will happen before the next president is elected.&quot;<p>Presumably he&#x27;s talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
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jakeoghover 9 years ago
Justice Antonin Scalia reads Heller(2008)[1] for the majority: <a href="https:&#x2F;&#x2F;s3.amazonaws.com&#x2F;oyez.case-media.ogg&#x2F;case_data&#x2F;2007&#x2F;07-290&#x2F;20080626o_07-290.ogg" rel="nofollow">https:&#x2F;&#x2F;s3.amazonaws.com&#x2F;oyez.case-media.ogg&#x2F;case_data&#x2F;2007&#x2F;...</a><p>[1] <a href="https:&#x2F;&#x2F;www.oyez.org&#x2F;cases&#x2F;2007&#x2F;07-290" rel="nofollow">https:&#x2F;&#x2F;www.oyez.org&#x2F;cases&#x2F;2007&#x2F;07-290</a>
tomjakubowskiover 9 years ago
A dumb hypothetical because this will never happen, but: could Obama nominate himself to replace Scalia? And if the Senate somehow approved him, would he <i>have</i> to resign the presidency to take his spot on the bench? I don&#x27;t see anything in the eligibility requirements to be President or a judge of the Supreme Court that would suggest an incompatibility. Is there relevant case law?
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hwstarover 9 years ago
Things are going to get very interesting with the pending court decisions coming at the end of June.
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greenyodaover 9 years ago
So far, the only story that has been posted that has any significant information about Scalia&#x27;s career has been this one, from the Chicago Tribune:<p><a href="http:&#x2F;&#x2F;www.chicagotribune.com&#x2F;news&#x2F;ct-supreme-court-scalia-dead-20160213-story.html" rel="nofollow">http:&#x2F;&#x2F;www.chicagotribune.com&#x2F;news&#x2F;ct-supreme-court-scalia-d...</a>
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hysanover 9 years ago
Question for those familiar with how the Judicial system works: If Congress prevents any new appointments until after the election cycle, does that mean that the Supreme Court is effectively halted on making any rulings? What happens to the cases currently being taken on and those that are queued up? Would they all potentially be delayed an entire year+?
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madaxe_againover 9 years ago
Tangential, but if you&#x27;re sat there going &quot;Marfa, that rings a bell&quot; (he died in Marfa) - this is probably why. Temperature inversion that reflects headlamps, apparently. <a href="https:&#x2F;&#x2F;en.m.wikipedia.org&#x2F;wiki&#x2F;Marfa_lights" rel="nofollow">https:&#x2F;&#x2F;en.m.wikipedia.org&#x2F;wiki&#x2F;Marfa_lights</a>
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tzsover 9 years ago
There has been some discussion here about whether or not Obama has time to get a replacement nominated and confirmed, or whether the Republicans can slow things down enough to push it to the next President (who they hope will be one of them).<p>I wonder if it might be better for the Democrats to not even try to get a nominee through before the next election. From what I&#x27;ve seen liberal&#x2F;progressive leaning younger voters are more likely than conservative leaning younger voters to feel that Congress and to a lesser extent the President are totally beholden to corporate lobbyists and that voting doesn&#x27;t make a difference so why bother.<p>An open Supreme Court position at the time of the election could give Democrats something to focus their get out the vote message on (for both the Presidential election and Congressional elections) that might get through to some of those younger liberal&#x2F;progressive leaning voters.
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brandonmencover 9 years ago
Scalia&#x27;s appointment was a major point of pride for us Italian-Americans. Even today, if you&#x27;re wealthy with an Italian last name, people joke about mafia connections. Representation on the highest court has been a great counter to that.
throwaway43563over 9 years ago
Why should the death of a Supreme Court Justice matter this much, let alone be a cause for celebration (as it clearly is for some in this thread)?<p>That unelected, life-tenured judges exercise this much authority over us, that they routinely subvert our collective democratic will as expressed through elections and referendums, that people even defend their votes for President on the basis of what kind of Supreme Court nominations they will likely make, does not suggest a healthy democracy.
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nbadgover 9 years ago
This has been confirmed by the governor of Texas.<p><a href="https:&#x2F;&#x2F;twitter.com&#x2F;nycsouthpaw&#x2F;status&#x2F;698629632816500738" rel="nofollow">https:&#x2F;&#x2F;twitter.com&#x2F;nycsouthpaw&#x2F;status&#x2F;698629632816500738</a>
teawithcarlover 9 years ago
Lawrence Lessig (@Lessig) has yet to comment on Twitter - he clerked under Scalia.<p>Lessig also clerked under Richard Posner, considered by many to be the top legal theorist in America.
lazyantover 9 years ago
isn&#x27;t this the judge that said that torture is not &quot;cruel and unusual punishment&quot; because the Constitution applies to persons and suspects conveniently labeled &quot;enemy combatants&quot; were not persons? good riddance
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dredmorbiusover 9 years ago
Confirmed at <i>The New York Times</i> as well:<p><a href="http:&#x2F;&#x2F;www.nytimes.com&#x2F;2016&#x2F;02&#x2F;14&#x2F;us&#x2F;antonin-scalia-death.html?_r=0" rel="nofollow">http:&#x2F;&#x2F;www.nytimes.com&#x2F;2016&#x2F;02&#x2F;14&#x2F;us&#x2F;antonin-scalia-death.ht...</a>
dangover 9 years ago
A reader emailed to suggest that we change the url from <a href="http:&#x2F;&#x2F;www.mysanantonio.com&#x2F;news&#x2F;us-world&#x2F;article&#x2F;Senior-Associate-Justice-Antonin-Scalia-found-6828930.php?cmpid=twitter-desktop" rel="nofollow">http:&#x2F;&#x2F;www.mysanantonio.com&#x2F;news&#x2F;us-world&#x2F;article&#x2F;Senior-Ass...</a> to this more substantive obituary. That seems like a good idea. If anyone can suggest a better URL, we can change it again.
mikerichardsover 9 years ago
Considering the constant 5-4 decisions, there&#x27;s 0 chance that a new justice will be confirmed until the next President takes office
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growlixover 9 years ago
Let us honor Justice Scalia&#x27;s memory by refraining from interpreting or contextualizing any prose for the remainder of the day.
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orbiturover 9 years ago
He didn&#x27;t actually say that, and I&#x27;m not sure how it spread.<p>However, he&#x27;s still a terrible person, and here&#x27;s the quote yours spawned from:<p>“There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.”<p>edit: This was originally in reply to a misquote that has now been deleted. Mods have now made it a parent comment.
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notthegovover 9 years ago
I can&#x27;t escape the thought of him driving to work and getting all his news only from conservative talk radio. And then declaring he literally believes in Satan.<p>I&#x27;m for religious freedom but a Supreme Court judge who literally believes in evil and refuses to read news contrary to his politics beliefs, seems dangerous.
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ck2over 9 years ago
Now we get to see the first ever anonymous hold put on a nomination for the supreme court.<p>It&#x27;s the only way they can try to run out the clock on Obama.<p>Or come up with some kind of fake moral outrage.<p>Can you imagine Trump picking the next three Supreme Court judges? It would set back America for decades.
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work-on-828over 9 years ago
Is it bad that my third thought was about how this will hurt Hillary&#x27;s chances?<p>EDIT: It directly counters the argument that Bernie supporters are naive to risk a more leftist candidate who would have a lower chance of being able to appoint justices.
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jdminhbgover 9 years ago
&gt; Off-Topic: Most stories about politics, or crime, or sports, unless they&#x27;re evidence of some interesting new phenomenon. Videos of pratfalls or disasters, or cute animal pictures. If they&#x27;d cover it on TV news, it&#x27;s probably off-topic.
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