Thursday, June 27, 2013

JUSTICE SCALIA, ROOTED FIRMLY ON THE WRONG SIDE OF EVERY ISSUE... (he'd fit in well in the GOP controlled House of Reprehensibles, but he's a disaster on the Supreme Court)



           If the Supreme Court announces a controversial ruling on a case brought before that body, you can count on Justice Antonin Scalia to consistently be on the wrong side of history.  He was wrong about Gore v Bush, he was wrong about Citizens United, and in the past couple of days he's been wrong on affirmative action and the repeal of vital sections of the Voting Rights Act, and yesterday he had a shit-fit of a dissent over the Court's decision to invalidate the Defense of Marriage Act in favor of gay marriage.

           Unable to see his own bigotry, and unwilling to acknowledge the blatantly ongoing discrimination of voter suppression in states controlled by Republican legislative majorities, Scalia rails on behalf of the Archie Bunker generation of noisy, grumpy, old white men.  He's the national scold, wielding more power than any ideologue has a right to have access to, and he's unapologetic in his arrogance.

           Yesterday's ruling on gay marriage rights is a perfect example of why Scalia will go down in history as one of America's worst Supreme Court Justices.  I'm going to take a couple of words from Scalia's dissent and replace them with another word, and hopefully it will give the reader an opportunity to view his commentary from a historical perspective.

       "It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race," Scalia wrote, accusing the majority of "declaring anyone opposed to segregation an enemy of human decency ... In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us."

           Of course, yesterday's ruling on DOMA wasn't about "segregation", but about the equal protection of the law for all citizens, even those who marry members of the same gender.  But if you read Scalia's quote and include "segregation" instead of "same-sex marriage", you get a glimpse of what the man would have written about the Court's opinions concerning Jim Crow laws, or even the abolition of slavery itself.

           If Scalia had been on the Court during Lincoln's term he would have argued for states rights, insisting that each state has the right to determine whether or not free men can own and profit from the labor of indentured servants.  Had he been on the Court during the heart of the Civil Rights movement, Scalia would have argued (loudly) against federally mandated laws ending segregation.

           Antonin Scalia is a perfect example of what an activist jurist looks like.  He twists and contorts his version of the Constitution to suit whatever conservative cause is at risk, and refuses to see himself as a partisan hack. 

            And we're stuck with the hateful bastard until he passes away to that great Good ol' Boy Cigar Club in the sky.



notacynic said...

Wait for the people to come around at their own pace, they say. As people continue to teach their children bigotry. Yeah, we'll get right on that ...

squatlo said...

Yeah, history's full of examples of societies doing the right thing without agitation from the oppressed...

Paula Deen can probably relate.

Sarge said...


New blog:

Scalia is a neo-conservative first, a Republican second, and a judge last.

Decent post!
I concur.


Mister Ornery said...

I can just imagine Scalia as a framer of the Constitution arguing against the 3/5ths compromise: "we're not counting deer, bear, rabbits, and other creatures so why should we count slaves and Indians?"

Mooner Pees In Squattie's Sinks said...

Squat. The interesting thing to me is how Fox News and the right call SCOTUS Defenders of the Constitution when the ruling is what they want, and it's Judicial Lawmaking when not.

Me, I'm thinking big money has fucked up our entire government. Even the Prez seems unwilling to do the right thing in many--too fucking many--cases.

Interesting how the one SC Justices initials are the first two letters in ASshole.

Fuck Antonio Scablicker and Walmart too.

drouse said...

" If Scalia had been on the Court during Lincoln's term"

That is just too funny. An Italian catholic on the supreme court. Hell they were barely considered human during that period.

squatlo said...

drouse, you're exactly right, and here's why it's funnier than you might think: Scalia's ilk during that time wouldn't have been considered worthy of citizenship or the right to vote, but for the will of those who stood by and for the Constitution. Now, Scalia's in a position to stand by and for the Constitution as it applies to voting rights and equal rights for minorities, equal protections for gays, etc... and he doesn't recognize the irony of his positions.

C'mon back, I'd love to have your commentary from time to time!