Monday, June 29, 2015

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

Sick burn by Justice Scalia. He came out on the completely wrong side of this, but at least his writing is entertaining (and at least he wrote the other opinion that day striking the ACCA residual clause; that's more than you can say for Alito, who is entirely predictable and political, and a boring writer.).

Perhaps you'd like to see you own name in a Scalia insult... well, click here for your Scalia insult.

Meantime, it's the last day of the Term today.  Pretty anticlimactic. Go to SCOTUSblog at 10am to see the final 3 opinions.

In the meantime, here's your Monday morning moment of zen:


Anonymous said...

He is a fool. Yes, he is one of the smarter fools around, but he is a complete idiot. Unable to win, he resorts to insults and name calling; in doing that, he provides fodder to those who would legitimize the Court. By his reasoning, separate would still be equal.

Anonymous said...

Scalia would have dissented in Loving v. Virginia

Anonymous said...

So would Thomas.

Anonymous said...

Why is Scalia considered smart by anyone? Agreed with 9:21 "...he is a complete idiot. Unable to win, he resorts to insults and name calling..."

Anonymous said...

Scalia is a pig, but he is a smart pig.