Fanning furor, Justice Scalia says appeals court judge lied
Source: Reuters
(Reuters) - U.S. Supreme Court Justice Antonin Scalia on Monday escalated a war of words with a prominent appeals court judge, saying the judge lied in a recent criticism of Scalia's judicial philosophy.
Scalia, 76, the longest-serving justice and a leading conservative on the court, said Judge Richard Posner, of the 7th U.S. Circuit Court of Appeals, lied in a review in August of a book co-authored by Scalia.
In the review, Posner accused Scalia of deviating from his own strict, text-based approach to interpreting law when he struck down a District of Columbia handgun ban in 2008 by considering the legislative history behind the law.
"To say that I used legislative history is simply, to put it bluntly, a lie," Scalia said in an interview with Reuters Editor-in-Chief Stephen Adler.
Read more: http://www.reuters.com/article/2012/09/18/us-usa-court-scalia-idUSBRE88H06X20120918
JRLeft
(7,010 posts)freshwest
(53,661 posts)WinstonSmith4740
(3,056 posts)As much as I'd like to see that, after Obama wins in November, he won't. He'll never retire as long as Obama gets to name his successor. As long as there's a Democrat in the White House, they're going to have to carry him out.
He came in under Reagan, and I remember my husband being really uneasy about it. He always considered him kind of a "stealth" candidate. He came in under the radar 'cause he took Warren Burger's place on the court when Burger was made Chief Justice. It was viewed at the time as just one conservative replacing another, but in listening to the hearing, Mike realized then just how scary this guy could be. He was certainly right.
rsdsharp
(9,186 posts)When Burger retired, Associate Justice William Rehnquist was nominated to take his place, and Scalia took Rehnquist's.
On the DC Circuit Scalia voted to end the FCC's Fairness Doctrine. That decision led directly to the rise of right wing talk radio.
WinstonSmith4740
(3,056 posts)Right you are! I though Nixon had just appointed him to the Supreme Court, but now that I think about it, didn't Reagan tempt Burger away with some big time job that made him retire so Rehnquist could step up? I just remember the whole thing being kind of creepy, especially the Fairness Doctrine being overturned. The Rethugs actually used the argument that demanding both sides of position be presented somehow gave people less information, or some such bullshit.
But then again, Oceania has always been at war with Eastasia.
progressoid
(49,991 posts)OnyxCollie
(9,958 posts)Vaffanculo!
1StrongBlackMan
(31,849 posts)I remember reading Posner's Opinions and coming away thinking, "Okay, that makes sense" (whether I liked the outcome or not). More, his writings on Contracts, Torts and Federalism that helped me understand those areas of law ... I don't recall reading a single thing penned by Scalia.
Skittles
(153,169 posts)yes INDEED
OnyxCollie
(9,958 posts)and thinking, "What a fucking dick head."
elleng
(130,974 posts)and VERY well respected, considered for Supremes over the years.
1StrongBlackMan
(31,849 posts)I learned to respect Posner's legal reasoning on matters that I was/am, politically, diametrically opposed to.
Since posting my original remark, I pulled, at random, 7 Opinions covering various topic, written by Scalia (while on the SCOTUS and the Appellate Court). After reading them, I was left with a feeling that he started with a desired result, then gathered law to support that result; rather than, what is customary (and proper), i.e., use the existing law to inform one's opinion.
And from listening to him speak and reading other articles ... I get the distinction impression that he believes himself to be the smartest, most cunning, man in the universe.
JudyM
(29,251 posts)so vitriolic and mean-spirited i'd never seen anything like it, seething with homophobic contempt, voting to uphold georgia's sodomy law using the bible for support!!! there's some strict construction for you.
lonestarnot
(77,097 posts)Hassin Bin Sober
(26,330 posts)lonestarnot
(77,097 posts)elleng
(130,974 posts)Sounds like tony's losing it!
"First Monday of October" coming up!!!
msanthrope
(37,549 posts)defacto7
(13,485 posts)and a congressional majority... impeach a couple of these fascists for treason or bad lunch choices, and get on with getting this country free and sound.
StrictlyRockers
(3,855 posts)He can't retire soon enough.
LarryNM
(493 posts)strict controls on Senate Filibusters and abolition of the Electoral College. Perhaps if this nation does not do these things, then the nation that replaces it will.
oldsarge54
(582 posts)I've got a copy of your comments on District of Columbia vs Heller. You sir, are the one standing on an untruth.
Volaris
(10,272 posts)but to state that he did NOT in fact, cite legislative, common law history going back to pre-colonial Britain is just a straight-up LIE. (Maybe he's starting to go senile as he progresses in years?) To rip into a fellow Justice over this strikes me as juvenile and unprofessional. You'd think a Supreme Court Justice (OF ALL fucking people) would have developed a thicker hide...
oldsarge54
(582 posts)Just a retired GI and school teacher, but I wonder how he just deleted the first 13 words of the 27 words in the 2nd Amendment? That's 40% of the whole amendment struck out of the record. (40.9%) Then again, I'm no legal beagle, I didn't follow his logic.
Dustlawyer
(10,495 posts)tried! As far as him being a Koch sucker along with his own mini-me, Clarence Thomas, that's for the money and a suck up to POWER! He loves the affirmation he gets when he does a good job for those rich bastards.
trailmonkee
(2,681 posts)this war of words stuff is unbecoming
ChairmanAgnostic
(28,017 posts)In a battle of wits, or in this case, a wit and a halfwit, Scalia will be the clear loser.
Posner recently had a change of heart, especially in the battles between the little guy and big, bad corporations (including employers).
He will be shaping some new law, I suspect.
1StrongBlackMan
(31,849 posts)Wow! There are few individuals in this world whose mere presense would rattle me ... Posner would be one of them. It would be like being a cornerback trying to cover a receiver whose Football Card, one refused to trade.
ChairmanAgnostic
(28,017 posts)the facts and the law were so clearly on my client's side, that I probably said to much as it was. Nervous? ewe betcha.
1StrongBlackMan
(31,849 posts)I meant to write "You" argued before Posner. But I guess you understood.
I'm sure you've heard:
"If the law is on your side ... pound the law. If the facts are on your side ... pound the facts. If neither, the law nor the facts are on your side pound the table and talk real loud."
So now we can add:
"If both the law and the facts are on your side ... Shut the heck up; while the panel pounds your opponent!"
elleng
(130,974 posts)appointed case, not long after admission, and thought: If I can do THIS, I can do ANYTHING!!!
I did, Court thanked me for my 'service,' and client lost.
No idea WHO was on the panel. Was in mid-'70s.
elleng
(130,974 posts)as he's a fine jurist and very good writer.
annabanana
(52,791 posts)He desecrates the robes he wears.
annabanana
(52,791 posts)Suck it Tony.
onenote
(42,714 posts)Not the least of which is that Posner is 73 years old. Also, despite the fawning over him by some on this thread, one should keep in mind that Posner was comrade in arms with none other than Robert Bork in developing a legal theory that effectively guts antitrust law. And he dissented from a decision that struck down on first amendment grounds a law that made it illegal to videotape public events, such as an arrest, without consent of those being taped.
We can do better.
Ian David
(69,059 posts)silvershadow
(10,336 posts)him to finally snap in some impeachable way.
former9thward
(32,025 posts)Nor is name calling or anything like that. No Supreme Court Justice has ever been impeached and convicted in the country's history. There have been many attempts but none have ever gotten anywhere.
zorro1
(27 posts)It won't be long before this sweaty, obese GOP insider falls over dead. Our country will be better off and hopefully his mid evil judicial philosophy will go with him.
librechik
(30,674 posts)I await the conclusion with little hope and much amusement.
Panasonic
(2,921 posts)after a recent history of Bush v Gore.