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"Assuredly, a faith that has no rational basis is a false faith." - Antonin Scalia
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"I don't think you can leap from that to the conclusion that the only war dead that the cross honors are the Christian war dead. I think that's an outrageous conclusion." - Antonin Scalia
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You know how it is when you know something, but you just can't seem to be able to express it in words? Ever since Antonin Scalia died I've been wanting to write about what I think and feel about him. I just couldn't find the words. Rob Boston found them for me. Like Mr. Boston I am especially irritated by all of the glowing descriptions of Scalia as "brilliant".
Intelligence Test: Justice Scalia And The Limits Of Brilliance:
Mentally brilliant religious people are very dangerous people. They have a huge confirmation bias blind spot.As I sift through the news in the wake of Supreme Court Justice Antonin Scalia’s death, there’s one word I keep seeing over and over again: Brilliant.
We’re told that even if you disagreed with Scalia’s extremely conservative views, you must stand in awe of his brilliance, his genius, his searing wit.
Fair enough. I have observed Scalia in action many times at the Supreme Court over the past 28 years. I don’t doubt that he was a pretty smart guy.
But I also know that there are different kinds of intelligence, and I suspect that Scalia excelled at some and failed at others.
There is technical knowledge – the ability to learn facts, to gather information and synthesize it and then apply what you’ve learned to the world around you. There’s the ability to present a clever and glib argument. There’s the power to project your views with confidence and state what you believe boldly and be able to defend it in the face of a withering counter-argument.
Scalia could do all of those things. Where he failed, I would assert, is in the area of what we might call social or emotional intelligence. Specifically, he lacked empathy, and he fell down when it came to understanding how his rulings affected the lives of others.
When LGBT Americans petitioned the courts for their rights, Scalia couldn’t be bothered. His vision of the Constitution didn’t encompass them. End of story. When women sought reproductive rights (not just legal abortion but increasingly even access to contraceptives) Scalia applied a cold and narrow formula that failed even to acknowledge the human costs of his actions.
Scalia was a big fan of the idea that government should be able to “honor” our traditions by endorsing religion in a general way. (This concept, by the way, is found nowhere in our Constitution – so much for “originalism.”) He didn’t seem to understand or to care how various forms of government-sponsored religion infringed on the rights of the people who don’t share those views.
The combative jurist even seemed to believe that some overtly religious symbols could have a secular interpretation, something any theologian worth his or her salt would dispute. During an oral argument in 2009, Scalia failed to grasp why anyone would be bothered by the idea of a cross being used as a war memorial. Showing a remarkable degree of cultural blindness, he argued that you see crosses all the time in cemeteries. Peter Eliasberg, an attorney arguing the case for the ACLU, had to explain to him, “It’s erected as a war memorial. I assume it is erected in honor of all the war dead. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew.”
Scalia joined the high court in 1986. One of his first church-state cases was 1987’s Edwards v. Aguillard, a dispute from Louisiana challenging a state law that required creationism be taught alongside evolution in public schools. The law was struck down 7-2. Scalia was in the minority.
A few months after that ruling came down, I heard Scalia speak at an event in Washington, D.C. A scientist was bothered by his dissent and asked Scalia about it. Scalia seemed oblivious. He refused to accept that creationism is religion, and he truly didn’t understand the danger of subjecting millions of children to non-scientific concepts in public schools. (He was, it seems, not so brilliant about science.)
Scalia’s church-state views reflected a majoritarian streak. Relegating millions of Americans to second-class citizenship didn’t bother him a whit. This self-described “fool for Christ” seemed to have a difficult time understanding why other Americans might not care to join him and why minority rights are just as important as majority ones.
Technical intelligence is great, but it will take you only so far. Truly brilliant people at least try to get into the heads of those who are not like them. Smart people evaluate their own actions, attempt to assess the fallout from what they do and, at some point, ask, “What if there – by the grace of God or otherwise – were to go I?”
A person of true intelligence grapples with these issues. They can keep you up at night; such people know that brilliance lacking at least some degree of kindness, empathy and care for others is of little value.
I don’t believe Scalia was ever troubled by such questions. He slept soundly, secure in the knowledge that he was always right and that if his rigid and doctrinaire interpretation of the Constitution meant that a few people had their rights mauled in the process, so be it.
You can call that many things. “Brilliant” isn’t one of them.
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"I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to require scrutiny more commonly associated with interior decorators than with the judiciary." - Antonin Scalia
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"I do not find the death penalty immoral." - Antonin Scalia
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It is my belief that the NRA, along with Clarence Thomas and Antonin Scalia, are aiding and abetting terrorists.
Justices Reject Challenge to Local Assault Weapons Ban:
Acting in the aftermath of the San Bernardino mass shooting, the Supreme Court on Monday rejected an appeal from gun owners who challenged a Chicago suburb's ban on assault weapons.
Two conservative justices said they would have heard the case and struck down the ban.
Five million Americans use semi-automatic firearms for target shooting?Justice Clarence Thomas, joined by Justice Antonin Scalia, said the Chicago appeals court ruling "flouts two of our Second Amendment precedents." Without mentioning any mass shootings in California and elsewhere that involved semi-automatic guns, Thomas said the weapons ban "is highly suspect because it broadly prohibits common semi-automatic firearms used for lawful purposes" by roughly five million Americans.
"The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting," Thomas wrote.
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A tidbit from Justice Kennedy: the Supreme Court's man in the middle by Michael Doyle:
In Boumediene v. Bush, Kennedy's 5-4 opinion extended habeas corpus rights to foreign prisoners seeking to challenge their detention at Guantanamo.How can Antonin Scalia make such an irresponsible statement? How can a Supreme Court judge be against the rule of law? How can a Supreme Court judge have such little regard for personal liberty? This man is making a mockery of justice, and does not belong on the Supreme Court.
"It will almost certainly cause more Americans to be killed," a vehemently dissenting Justice Antonin Scalia said.
…an ancient common-law writ, issued by a court or judge directing one who holds another in his custody to produce the body of the person before the court for some specified purpose. Although there have been and are many varieties of the writ, the most important is that used to correct violations of personal liberty by directing judicial inquiry into the legality of a detention. The habeas corpus remedy is recognized in the countries of the Anglo-American legal system but is generally not found in civil-law countries, although some of the latter have adopted comparable procedures.Read the rest here.
The origins of the writ cannot be stated with certainty. Before the Magna Carta (1215), a variety of writs performed some of the functions of habeas corpus. During the Middle Ages habeas corpus was employed to bring cases from inferior tribunals into the king’s courts. The modern history of the writ as a device for the protection of personal liberty against official authority may be said to date from the reign of Henry VII (1485–1509), when efforts were made to employ it on behalf of persons imprisoned by the Privy Council. By the reign of Charles I, in the 17th century, the writ was fully established as the appropriate process for checking the illegal imprisonment of people by inferior courts or public officials.
Although fascist parties and movements differed significantly from each other, they had many characteristics in common, including extreme militaristic nationalism, contempt for electoral democracy and political and cultural liberalism, a belief in natural social hierarchy and the rule of elites, and the desire to create a Volksgemeinschaft (German: “people’s community”), in which individual interests would be subordinated to the good of the nation.I respectfully submit to Antonin Scalia that more Americans will probably be killed BECAUSE of Guantanamo and the LACK of habeas corpus there. I know that if my mother, father, sister, or brother were detained there (with all their rights stripped away) I would be extremely angry at those holding them.
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