Lamb asked Scalia about the controversy following Scalia's dissent last month in the Arizona immigration case, in which Scalia cited recent statements by President Barack Obama on changes in immigration policy. Critics said that by doing so, Scalia was making more of a political than a legal statement. Washington Post columnist E.J. Dionne called on Scalia to resign. It seemed from the interview that Scalia was unaware of Dionne's attack, and he said using material from outside the record of a case is not uncommon.
"I cited the president's statement, which seemed to me perfectly fair," said Scalia. "I did not say the president's statement was wrong. I just said that what the Attorney General had told us, concerning enforcement priorities, was simply, as the public record shows, not -- not the sole problem."
And if that's too much Scalia, then this is a little closer to home: a blog post about vacancies in the 11th Circuit. From the intro:
This month, Eleventh Circuit Judge J. L. Edmondson assumes senior status after a quarter century of valuable service. His decision leaves the bench with 13 vacancies in the 179 appeals court judgeships and the Eleventh Circuit with two in twelve. These openings, which comprise more than seven percent of the judgeships nationwide and 17 percent in the Eleventh Circuit erode the delivery of justice. Therefore, President Barack Obama must swiftly nominate, and the Senate promptly confirm, appellate judges, so that the vacancies will be filled systemwide and in the Eleventh Circuit.
President Obama has vigorously consulted by seeking the advice of Republican and Democratic senators where openings materialized before official nominations. Obama has proffered nominees of balanced temperament, who are smart, ethical, hard working and independent, and are diverse vis-à-vis ethnicity, gender and ideology. For instance, he consulted Georgia Republican Senators Saxby Chambliss and Johnny Isakson, who enthusiastically supported Eleventh Circuit Judge Beverly Martin, and she won confirmation 97-0.
Senator Patrick Leahy (D-Vt.), the Senate Judiciary Committee chair, has quickly conducted hearings and votes, sending nominees to the floor where numbers have languished over months. For example, on June 29, the Senate recessed without considering any of 17 well qualified appellate and district nominees whom the committee approved because the GOP refused to vote on them.