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The Conundrums of Justice Scalia


#1

The Conundrums of Justice Scalia

Ralph Nader

The passing of Supreme Court Justice Antonin “Nino” Scalia evoked widespread commentary about how outspoken he was both on the Court and at law schools and other forums where he often lectured and sometimes tangled with audiences. Knowing of Justice Scalia’s unusual expressiveness for a jurist, my colleague Robert Weissman and I wrote him a challenging letter in 2006, starting with these words:


#2

Let THIS never be forgotten when the baboon squad intent upon "blaming voters" gets to otherwise wipe the record clean of the actual Truth:

"Vintage Scalia alright! Yet there were other sides to Justice Scalia. He was a major force in Bush v. Gore’s 5-4 majority opinion that stopped the Florida Supreme Court’s ongoing order for a full state recount. In an utterly specious, brazenly-political opinion by the five Republicans on the Court, the recount was stopped and George W. Bush was “selected” as President by five unelected lawyers. When questioned in public about this decision, he replied injudiciously “get over it.”

Thank you, Mr. Nader. Your integrity is a miracle in this era of such intensive corruption.


#3

What the Supreme Court did in the 2000 election was an overthrow of the government. The right decision was a total recount of the state of Florida---and when this was finally happening the Supreme Court stopped the count! All these Justices who voted to stop the count committed treason against the people of the United States and at the very least should be in jail.

And of course the sitting president of the time Bill Clinton did nothing -because he wanted Gore to lose so his wife could run in eight years. Ask John Kerry how Clinton "helped" him in 2004?

This is something that gets very little press-how the Clinton's have shaped and really destroyed the democratic party to work for their personal ambitions. There is a reason a 74 yr old patriot has to take on the Clinton machine.----Today we have a republican congress and most states controlled by the republicans -----all so the Clinton's can get back the white house.

And the 74 yr old patriot voted against the patriot act----that is patriotism!


#4

Scalia was an intemperate right wing radical who inflicted tremendous harm upon Americans and by extension those who look to our nation for leadership. He engaged in intellectually dishonest justifications for repressive and dangerous rollbacks of constitutional protections for our inhabitants. I have a law degree. I never read an opinion of Scalia's that I could respect. They were selfish and cruel.


#5

Although I know it just isn't going to happen-I would like nothing better than to see Mr. Obama endorse Ralph Nader for the Supreme Court position previously held by the Corporate boot licking Scalia-
I have often said that Ralph Nader is the only man I know of in America that actually DESERVES to be President of this Nation, I firmly believe that he would be the most perfect candidate for our Supreme Court- Nader would know what needs to be done and set things right for the people of this Country-
Hell, I might even start A petition to flood Mr. Obama's Oval Office with requests for Ralph to be seriously considered for this critical position for the very survival of our Country! We have come to A fork in the crossroads of the History of this once great Nation and whoever gets this appointment will either be our savior or destroying nemesis-


#6

And to add to that, Justice Clarence Thomas is the patron saint of the very worse case of affirmative action that I know of, by being rewarded with an affirmative action appointment to the nation's highest court, and then actually being opposed to "AA"- Clarence Thomas is A complete Bozo as far as I can see and his wife, Virginia, sitting on the board of the Conservative Heritage Foundation is equally troubling-


#7

Possibly, if the errors in counting and in disputed ballots were likely to be greater than the margin of victory would be if the count was continued, then the right decision would have been a public coin toss (or equivalent) in order to decide the outcome of the election.

Alternatively the citizens of Florida might have been required to vote a second time in order to obtain an unambiguous result. Essentially a run-off election with Ralph Nader dropped from the ballot.

With the combined intelligence of those 9 judges a far better solution to the problem could be expected than the awarding of the presidency to George Bush on what Nader describes as "an utterly specious, brazenly-political opinion".


#8

Thank you Ralph! This is why the people are taking it in the shorts:

The corporate drive for constitutional parity with real humans comes at a time when legislatures are awarding these artificial persons superhuman privileges. Besides perpetual life, corporations enjoy limited liability for industrial accidents such as nuclear power disasters, and the use of voluntary bankruptcy and other disappearing acts to dodge financial obligations while remaining in business.

The legal system is thus creating unaccountable Frankensteins that have human powers but are nonetheless constitutionally shielded from much actual and potential law enforcement as well as from accountability to real persons such as workers, consumers and taxpayers.

Enough is enough. Pass the We the People Amendment!


#9

I agree, technically they were committing treason in that decision. They had all sworn to uphold the Constitution not pervert it. It has been argued that the BV$H vs.Gore decision ranks among the top 3 worst ever decisions tendered by the Court in it's history. I would also add that there are more then a few historians and pundits that are of the opinion that the BV$H vs. Gore decision marks the end of the United States as a Republic and the beginning of it as an Empire.


#10

There are also a few historians who will argue that empire-building has always been the goal, pretty much from Day One. Why else slaughter the natives?


#11

Your right. The whole European modus operand i was based on CONQUEST of other people's land. I guess , what I was referring to wasn't the conquest part of the Imperialist tradition as much as the style of political organization while doing it. After the Imperial court decided on who was to be the next Emperor all democratic process was quickly dispensed with.


#12

"He made us think." Well, Ralph, that's what we get for thinking. Black-robed Full Frontal Nerdity and total judicial quandary, courtesy of Don Nino Scalia.

That was our Supreme Capo, aka Corporatist bagman cum enforcer, who they tell me has had trouble overcoming sleeping disorders before. (Well, at least in hearing any of our arguments for democracy, right?)

But "currently", at least with this one -the Big Sleep- he is discovering Originalism at its finest: his Maker's original intent in regards to Antonin "Nino" Scalia. That much seems to be "in evidence."

Well then, I rest my case.


#13

No. The counting finally moved to a court house and the count was going smoothly----in fact they thought they could finish the count by Monday. The Supreme court stopped the count on Saturday----and they stopped the count when news reports were coming out that the count was going at a quick pace with few issues. Newspapers looking at a state wide count came to the conclusion that Gore did win. But this is not the issue---what the supreme court did was outrageous.

And I must say the most scary part of what happened in 2000 is the reaction from the public? Or I should say a non reaction. And Clinton could have played a role here demanding a full recount of the state of Florida. But I don't think Clinton wanted Gore to win.


#14

Even in death, Scalia's life was surrounded in scandal.

Antonin Scalia died as he lived, indulging behind closed doors in the largess of the very wealthy, who could depend on the right-wing associate justice to defend their interests in the United States Supreme Court....

....On Friday, February 12, the start of the Supreme Court’s annual week-long President’s Day recess, Scalia took a chartered jet from Washington, D.C., accompanied by an unidentified lawyer friend, to the exclusive Cibolo Creek Ranch in the Chinati Mountains of West Texas, near the Mexican border. US marshals assigned as Scalia’s bodyguards were told not to make the trip....

....After landing at the ranch’s private airfield, Scalia enjoyed an outing with some other guests, followed by dinner. Weary from traveling, Scalia retired alone to the 1,100-square-foot “El Presidente Grand Suite” shortly before 10. The advertised rate for “El Presidente,” which includes a private fire pit on the veranda overlooking Cibolo Lake, is $700 per night, inclusive of meals and one bottle of wine per stay....

....(John) Poindexter confirmed to the Washington Post that Scalia was not going to pay for his stay at Cibolo Creek Ranch. “He was an invited guest, along with a friend, just like 35 others,” Poindexter said. According to media sources, Poindexter hosts gatherings two or three times a year....

Source: https://www.wsws.org/en/articles/2016/02/20/scal-f20.html

Note: Selected text and formatting by poster, mbrownec.


#15

Yes, what the Supreme Court did with that decision was outrageous. They had several options other than arbitrarily giving the election to George Bush.