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  •  It's also a new assertion of power (3+ / 0-)
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    ferg, ringer, eXtina

    Scalia is asserting a sweeping new judicial power, out of sheer laziness.

    JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? You really want us to go through these 2,700 pages? (Laughter.)

    JUSTICE SCALIA: And do you really expect the Court to do that? Or do you expect us to — to give this function to our law clerks?

    Is this not totally unrealistic? That we are going to go through this enormous bill item by item and decide each one? [cut]

    MR. KNEEDLER: That is correct, and I'd also like to — going — I just want to finish the thought I had about this being a matter of statutory interpretation. The Court's task, we submit, is not to look at the legislative process to see whether the bill would been — would have passed or not based on the political situation at the time, which would basically convert the Court into a function such as a whip count. That is not the Court's -

    JUSTICE KAGAN: And Mr. Kneedler, that would be a revolution -

    MR. KNEEDLER: Yes.

    JUSTICE KAGAN: — in our severability law, wouldn't it?

    MR. KNEEDLER: It would.

    JUSTICE KAGAN: I mean, we have never suggested that we were going to say, look, this legislation was a brokered compromise and we are going to try to figure out exactly what would have happened in the complex parliamentary shenanigans that go on across the street and figure out whether they would have made a difference.

    Instead, we look at the text that's actually given us. For some people, we look only at the text. It should be easy for Justice Scalia's clerks. (Laughter.) [cut]

    JUSTICE SCALIA: I don't care whether it's easy for my clerks. I care whether it's easy for me. (Laughter.) [cut]

    The court's job is to address the constitutionality of each portion of the law on the merits. It is not to unwind the various deals and trades that legislators made to get the law passed. Heck, if that were the case, the justices might as well look at striking down other laws passed around the same time. Who knows, maybe those votes were made based on deals related to this law too! It's a gigantic new judicial power Scalia claims, and it's utterly inappropriate.

    It's really something that these conservatives laud hard work and perseverance and want to punish those who don't wanna, but when it comes to this, his lazy ass can't be bothered.

    Government and laws are the agreement we all make to secure everyone's freedom.

    by Simplify on Sat Mar 31, 2012 at 06:12:01 PM PDT

    [ Parent ]

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