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View Diary: Scalia should resign (303 comments)

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  •  Do you think Justice Scalia (17+ / 0-)

    understands "irony"?

    I hope that the quality of debate will improve,
    but I fear we will remain Democrats.

    Who is twigg?

    by twigg on Thu Feb 28, 2013 at 05:40:19 AM PST

    [ Parent ]

    •  Actually Yes (3+ / 0-)
      Recommended by:
      twigg, Jeff Y, DvCM

      The only thing I will ever give him Credit is that he authored the opinion in Lujan. Usually using Precedent is to give a side credit, it was like he was writing satire. He was kind of a Jerk about it, but he was having 'fun' with his comedic and literary tools.

      •  Sorry Moreso Quotation than Precedent (2+ / 0-)
        Recommended by:
        Jeff Y, dclawyer06

        Usually you quote to give authority not make fun, in re-reading a snip:

        (We only talked about this in Con Law if I recall from a Judicial Realism POV, that he thinks this is a joke and treated like it):

        With respect to this aspect of the case, the Court of Appeals focused on the affidavits of two Defenders' members - Joyce Kelly and Amy Skilbred. Ms. Kelly stated that she traveled to Egypt in 1986 and observed the traditional habitat of the endangered Nile crocodile there and intend[s] to do so again, and hope[s] to observe the crocodile directly, and that she will suffer harm in fact as the result of [the] American . . . role . . . in overseeing the rehabilitation of the Aswan High Dam on the Nile . . . and [in] develop[ing] . . . Egypt's . . . Master Water Plan. Ms. Skilbred averred that she traveled to Sri Lanka in 1981 and "observed th[e] habitat" of "endangered species such as the Asian elephant and the leopard" at what is now the site of the Mahaweli project funded by the Agency for International Development (AID), although she "was unable to see any of the endangered species"; "this development project," she continued, will seriously reduce endangered, threatened, and endemic species habitat including areas that I visited . . . [, which] may severely shorten the future of these species"; that threat, she concluded, harmed her because she "intend[s] to return to Sri Lanka in the future and hope[s] to be more fortunate in spotting at least the endangered elephant and leopard." When Ms. Skilbred was asked at a subsequent deposition if and when she had any plans to return to Sri Lanka, she reiterated that "I intend to go back to Sri Lanka," but confessed that she had no current plans: "I don't know [when]. There is a civil war going on right now. I don't know. Not next year, I will say. In the future." . . .

        [T]he affiants' profession of an "inten[t]" to return to the places they had visited before - where they will presumably, this time, be deprived of the opportunity to observe animals of the endangered species - is simply not enough.

    •  no better than Alanis Morrisette :-D (0+ / 0-)

      Politics is like driving. To go backward put it in R. To go forward put it in D.
      Drop by The Grieving Room on Monday nights for support in dealing with grief.

      by TrueBlueMajority on Thu Feb 28, 2013 at 10:16:40 PM PST

      [ Parent ]

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