tag:blogger.com,1999:blog-9615048.post8423738038108550898..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Some quick thoughts on Scalia and going forwardDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-9615048.post-25091831681579424212016-02-15T11:00:51.255-05:002016-02-15T11:00:51.255-05:00@10:09 AM "Early presidents owned slaves, so ...@10:09 AM "Early presidents owned slaves, so Scalia is evil. Got it."<br /><br />No, unfortunately you do not understand. The problem of white privileged is one of our biggest challenges as a nation. Along with regulatory capture. <br /><br />"Is Judge Jordan a viable choice for President Obama?"<br /><br />Yes, based on, inter alia, his ruling in Florida Pediatric Society et al v. Liz Dudek, et al., Case No. 1:05-cv-23037-AJ, Order (Doc. 1294) Findings of Fact and Conclusions of Law (153 pages), U.S. District Court, Southern District of Florida, Order filed Dec-30-2014 by the Hon. Adalberto Jordan.<br /><br />http://www.drbicuspid.com/user/documents/content_documents/nws_rad/2015_01_02_14_59_17_167_fla_medicaid_jordan.pdf<br /><br />Also see, "Judge blasts Florida for depriving children of needed healthcare", Miami Herald, naked politics, by Carol Marbin Miller.<br /><br />"A federal judge Wednesday declared Florida’s healthcare system for needy and disabled children to be in violation of several federal laws, handing a stunning victory to doctors and children’s advocates who have fought for almost a decade to force the state to pay pediatricians enough money to ensure impoverished children can receive adequate care."<br /><br />http://miamiherald.typepad.com/nakedpolitics/2015/01/judge-blasts-florida-for-depriving-children-of-needed-healthcare.html<br /><br />Conservatives love children and families, until it cost money.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-49787830909739366312016-02-15T10:09:06.660-05:002016-02-15T10:09:06.660-05:00Early presidents owned slaves, so Scalia is evil. ...Early presidents owned slaves, so Scalia is evil. Got it. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-7479209241768015142016-02-15T09:21:03.052-05:002016-02-15T09:21:03.052-05:00@7.28 part 2
And the grand finale: Thomas Jeffers...@7.28 part 2<br /><br />And the grand finale: Thomas Jefferson and Sally Hemings: A Brief Account Monticello.Org<br /><br />http://www.monticello.org/site/plantation-and-slavery/thomas-jefferson-and-sally-hemings-brief-account<br /><br />Thomas Jefferson fathered six children by his slave Sally Hemings mentioned in Jefferson's records, including Beverly, Harriet, Madison, and Eston Hemings. FYI - a slave in Jefferson’s time could not decline a planter’s demand for sex. (how convenient for the planter).<br /><br />"Scalia said the idea of adding freedoms to the Constitution isn’t "always good, unless you’re an anarchist." - That explains conservatives hostility toward the "Slavery Amendments" the Thirteenth Amendment (1865), the Fourteenth Amendment (1868), and the Fifteenth Amendment (1870).<br /><br />http://www.senate.gov/artandhistory/history/common/generic/CivilWarAmendments.htm<br /><br />Conservatives are openly hostile to the Fourteenth Amendment (civil rights, equal protection), and the Supreme Court has removed voting rights protections re the Fifteenth Amendment. Opposition to the Thirteenth Amendment is especially strong in the South, if not vocalized in public, by deed of the bench and bar, through mass incarceration of African-American men in 2015.<br /><br />https://en.wikipedia.org/wiki/Statistics_of_incarcerated_African-American_males<br /><br />Perhaps I am tilting at windmills by fighting for civil rights...life might be better for a white man like me under Originalism and the "Slavery Constitution" of 1789. Imagine having a young, attractive, mixed-race "Sally Hemings" slave to cook my meals, clean my house, mend my clothes, travel with to Europe, and provide womanly comfort in place of a wife - just like Thomas Jefferson did.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-3433511515701228832016-02-15T09:20:02.048-05:002016-02-15T09:20:02.048-05:00@7:28 AM
My comment at 4:52 AM is not Rumpole, an...@7:28 AM<br /><br />My comment at 4:52 AM is not Rumpole, and I did not "trash" Justice Scalia (he did that himself while alive, thank you).<br /><br />Furthermore, just to be clear about "Originalism" and why it suggests Justice Scalia was a racist. (in addition to his recent comments that blacks would do better in less rigorous schools). <br /><br />Here are some of my comments as posted on the ABA Journal story "Scalia says he 'wouldn't be surprised' if SCOTUS overturns the death penalty" (Sep 24, 2015, By Debra Cassens Weiss) and this quote: "Scalia said the idea of adding freedoms to the Constitution isn’t "always good, unless you’re an anarchist." <br /><br />http://www.abajournal.com/news/article/scalia_says_he_wouldnt_be_surprised_if_scotus_overturns_the_death_penalty<br /><br />Part 1<br /><br />Just to be clear about "Originalism"<br /><br />Originalism (Wikipedia) "In the context of United States constitutional interpretation, originalism is a principle of interpretation that views the Constitution's meaning as fixed as of the time of enactment..."<br /><br />https://en.wikipedia.org/wiki/Originalism<br /><br />Okay, at the time of enactment, 1789, "We The People" factually meant "We The Wealthy White Men Slave and Property Owning People".<br /><br />The U.S. Constitution of 1789 ought to be called the "Slavery Constitution" to distinguish it from the "Lincoln Constitution" of 1865 and beyond. <br /><br />From the Hauenstein Center for Presidential Studies<br /><br />http://hauensteincenter.org/slaveholding-presidents/<br /><br />"It comes as a shock to most Americans’ sensibilities that more than one in four U.S. presidents were slaveholder: 12 owned slaves at some point in their lives. Significantly, 8 presidents owned slaves while living in the Executive Mansion. Put another way, for 50 of the first 60 years of the new republic, the president was a slaveholder."<br /><br />"Following is the number of slaves each of the 12 slaveholding presidents owned. (CAPS indicate the president owned slaves while serving as the chief executive):[1]<br /><br />GEORGE WASHINGTON (between 250-350 slaves)<br />THOMAS JEFFERSON (about 200)<br />JAMES MADISON (more than 100)<br />JAMES MONROE (about 75)<br />ANDREW JACKSON (fewer than 200)<br />Martin Van Buren (one)<br />William Henry Harrison (eleven)<br />JOHN TYLER (about 70)<br />JAMES POLK (about 25)<br />ZACHARY TAYLOR (fewer than 150)<br />Andrew Johnson (probably eight)<br />Ulysses S. Grant (probably five)"<br /><br />Read more, lots more<br />http://hauensteincenter.org/slaveholding-presidents/<br /><br />Also see, Which U.S. Presidents Owned Slaves<br />http://pres-slaves.zohosites.com/<br /><br />Also see, FactCheck.org Presidents Who Owned Slaves<br />http://www.factcheck.org/2007/12/presidents-who-owned-slaves/<br /><br />Also see, George Washington, Slave Catcher, The New York Times<br />http://www.nytimes.com/2015/02/16/opinion/george-washington-slave-catcher.html?_r=0<br /><br />Also see, The Monster of Monticello, The New York Times<br />http://www.nytimes.com/2012/12/01/opinion/the-real-thomas-jefferson.html?_r=0Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-73656848435158676632016-02-15T07:28:11.271-05:002016-02-15T07:28:11.271-05:00Rumpole just trashed Scalia. He's a jerk. Plea...Rumpole just trashed Scalia. He's a jerk. Please respond and put his pompus ass in place. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-80103101328154797112016-02-15T04:52:42.926-05:002016-02-15T04:52:42.926-05:00"He led the charge on the confrontation right..."He led the charge on the confrontation rights of those accused of crimes" Well, not always.<br /><br />Justice Scalia contended actual innocence was not sufficient to overturn a death sentence conviction, or stop an execution. Herrera v. Collins, 506 U.S. 390 (1993). <br /><br />See "Scalia’s Embarrassing Question", Slate.com by Lara Bazelon (writer and attorney)<br /><br />http://www.slate.com/articles/news_and_politics/jurisprudence/2015/03/innocence_is_not_cause_for_exoneration_scalia_s_embarrassing_question_is.single.html<br /><br />"Writing for the majority, Chief Justice William Rehnquist said that Herrera’s constitutional argument had "elemental appeal" but declined to endorse it because federal courts were not supposed to "relitigate state trials." Herrera’s true remedy, Rehnquist said, rested with the president or the governor of his state, whose power to grant clemency was the "fail safe in our criminal justice system." Entertaining actual innocence claims brought years after the fact were simply too "disruptive" and unfair to the state, which needed to have things settled once and for all. Rehnquist mused that even if one assumed, hypothetically, that an innocence claim could be brought, the bar for the prisoner to clear "would necessarily be extraordinarily high." <br /><br />"Concurring in judgment, Justices Antonin Scalia and Clarence Thomas would have gone even farther. Taking issue with the majority’s mere hypothetical entertainment of an innocence claim, Scalia wrote: "There is no basis, tradition, or even in contemporary practice for finding that in the Constitution the right to demand judicial consideration of newly discovered evidence of innocence brought forward after a conviction." He concluded, "With any luck, we shall avoid ever having to face this embarrassing question again."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-3124614956849536382016-02-14T12:48:41.453-05:002016-02-14T12:48:41.453-05:00Pryor would be the worst godawful justice ever for...Pryor would be the worst godawful justice ever for fairness and liberals. If the fucking gop wins the whitehouse, he is the first they will put up. Totally in the tank for "conservative" views. Would set the us back 100 years because that is how long it would take for him to serve, die, be replaced, and for the country to replace him and repair the damage. Anonymousnoreply@blogger.com