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Post Reply U.S. Supreme Court Justice Antonin Scalia has died
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Posted 2/14/16

megahobbit wrote:

Interesting. Means that the upcoming election is gonna be less important than I thought.


Not necessarily, Obama may very well have a difficult time getting any appointment through the Senate. If he can't get an appointment through, then the next president would be making that appointment.
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Posted 2/14/16 , edited 2/14/16
This puts the court in an interesting position at a fairly critical moment for conservatives hoping for favourable rulings concerning abortion clinics, public sector unions, and insurance. I expect that Kennedy is feeling the eyes of the country on him more than ever. I also expect that anxiety about Ginsberg's age just took an enormous spike.

It would be surprising for Obama to be able to successfully appoint a new face to the bench during the time he has left considering the GOP has relentlessly delayed appointments to judicial, diplomatic, and regulatory posts in the past with some success, but stranger things have happened. I would predict to see similar obstruction throughout the year, and for appointments to the court to become an even stronger rallying cry for both parties in the coming election. Considering it's Scalia that died I expect that rallying cry to be loudest from the GOP.
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Posted 2/14/16

Dariamus wrote:

For better or worse, his death will change the American courts.

And not a snowball's chance in hell of a new justice being appointed before November.


Was wondering how hard they are going to try though, but I have faith that our government can stall this under after the elections, it's one thing they are really good at, stalling.
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Posted 2/14/16 , edited 2/14/16

iriomote wrote:


Jan- wrote:

So what was he known for?if his death causes this much shock?

He was one of the more prominent conservative justices on the U.S. Supreme Court since he was appointed by Ronald Reagan in the 80's. He's notable for being staunchly opposed to affirmative action, and abortion, while favoring the death penalty. He often released long, vitriolic opinions whenever he disagreed with the court's majority.


You barely scratch the surface, and don't really explore one of the most influential and important justices in Supreme Court history. To call Justice Scalia "conservative" is true enough, but that's not how he ruled from the bench. He was staunchly opposed to judicial activism, and was an originalist and textualist: Meaning he went with the original intent of the framers of the Constitution, but did so (vast oversimplification incoming), by looking at how the text of the Constitution (or of a law written last year) meant to the general population at the time those words were set into law. He believed that those legal issues meant to be decided by the people should be in fact decided by the people, not a few unelected judges.

His opposition to judicial activism was based on his disapproval of the court re-interpreting or ignoring written law on the particular issue being decided, but also due to his awareness of the Law of Unintended Consequences inevitably rearing its head.

He was one of the leading opinions on striking down the flag burning law, something that was popular with many conservatives, due to his firm stance on the 1st Amendment right of Free Speech. He would not hesitate to take his conservative colleagues to task when he felt that they were twisting the law in ways it could not be twisted. His takes on the liberal wing's activism is legendary. Vitriolic? Sure, but it was always more than that: His opinions were always profound, well-researched and often devastating.

But he was no mere rigid ideologue. His closet friend on the Court? The extremely liberal Ruth Bader Ginsberg. There is not a legal scholar alive, liberal or conservative, originalist or activist, who does not deeply respect Justice Scalia's record. Disagree? By many. Criticize, Many did, do and will in the future. But the respect is there, the knowledge that you're dealing with a genius level of legal intellect that only comes a few times a century.

And Justice Scalia might have the last laugh in the end. Many of his opinions will be embraced by some of his harshest critics should the court majority ever be composed of conservative activist judges, or if a president ever attempts to rule by presidential fiat against liberal/progressive agendas.
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Posted 2/14/16

VZ68 wrote:


Dariamus wrote:

For better or worse, his death will change the American courts.

And not a snowball's chance in hell of a new justice being appointed before November.


Was wondering how hard they are going to try though, but I have faith that our government can stall this under after the elections, it's one thing they are really good at, stalling.


Just this once I hope they do stall... I don't care that he died but I don't want the current POTUS to have anything to do with this. Especially on his way out.
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Posted 2/14/16
My gov teacher literally just told us on Friday how Scalia is her favorite justice. Next class is gonna be rough...
Posted 2/14/16 , edited 2/15/16
Any loss of life is sad, but straight up fuck Justice Scalia with a rusty pitchfork. His absurdly obsolete views have been a major opposition in the battle of a modern, progressive society in the United States. I certainly won't dance on his grave, but I would be lying if I said I weren't excited about a new Justice being elected.
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Posted 2/14/16 , edited 2/14/16

dotsforlife wrote:
Just this once I hope they do stall... I don't care that he died but I don't want the current POTUS to have anything to do with this. Especially on his way out.


I can't wait for Obama's pardon list on the way out myself. It's gonna be a laugh riot.
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Posted 2/14/16
Never liked Scalia. I'm sure the position won't be filled by Obama though. Congress will do whatever it takes to stall. Whoever wins the presidency will be able to swing the supreme court for the next generation. It's not just Scalia, 3-4 other justices are also getting old and will likely retire in the next 8 years.

That's actually one of the big reasons I don't want a Republican president. They are terrible on civil rights and domestic policy, and that's where the supreme court has the most impact.
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Posted 2/14/16 , edited 2/15/16

Deaggy-Stardust wrote:

Any loss of life is sad, but straight up fuck Justice Scalia with a rusty pitchfork. His absurdly obsolete views have been a major opposition in the battle of a modern, progressive society in the United States. I certainly won't dance on his grave, but I would be lying if I said I weren't excited about a new Justice being elected.



Hippies are funny.
Posted 2/14/16

D4nc3Style wrote:


Deaggy-Stardust wrote:

Any loss of life is sad, but straight up fuck Justice Scalia with a rusty pitchfork. His absurdly obsolete views have been a major opposition in the battle of a modern, progressive society in the United States. I certainly won't dance on his grave, but I would be lying if I said I weren't excited about a new Justice being elected.



Hippies are funny.



Just because you disagree with him doesn't excuse your post for being inflammatory and unhelpful. Use some tact.
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Posted 2/14/16 , edited 2/15/16

PeripheralVisionary wrote:
Just because you disagree with him doesn't excuse your post for being inflammatory and unhelpful. Use some tact.


Fuck THAT noise.
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Posted 2/14/16

lawdog wrote:

You barely scratch the surface, and don't really explore one of the most influential and important justices in Supreme Court history.
[snip]

True, I was merely providing very brief highlights to a non-U.S. citizen on why he was important. I figured if their interest was truly tickled they'd read up on him more on their own.

I wasn't sure how to go about describing his dissenting opinions other than vitriolic. They were certainly colorful, and are one of the things he's most known for, as I don't believe any of his predecessors on the supreme court ever had the same flair when voicing their dissent. Far easier to just read a few than try to find the words for it. He was also one of the first justices that would actively seek to grill attorneys with questions and comments during oral arguments, but I digress.

I suppose his death comes as such a shock because of the timing and because most people felt very strongly about him one way or the other. No matter how they felt about him though, he was certainly larger-than-life and has become one of the most prominent judges in the court's history.
Posted 2/14/16 , edited 2/15/16
So you are a Judge Scalia fan? I'm trying to understand how I could be a "hippie" given my comment. I'd like to think you're being sarcastic., but I've been burned too many times making that assumption.
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