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View Diary: Senate Prepares for Judicial Nominee Showdown--Again (125 comments)

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  •  Well... (2+ / 0-)
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    Realist2004, bree

    ... being appointed by Republicans doesn't necessarily mean that the SC justice is conservative, just as being appointed by a Democrat doesn't necessarily mean that the justice is liberal.  Justices change in court, and every justice has his or her quirks.  Just off the top of my head - JFK appointed Byron White, who was moderately conservative and was one of the original dissenters in Roe v. Wade (and remained one of Roe's strongest critics).  Many Republicans are famously furious at the appointment of Souter, who has been anything but conservative.  And there will always be the case that throws everyone's "predictions"  off, such as Texas v. Johnson, the flag burning case where Scalia joined Brennan's majority opinion striking down flag burning laws, while Stevens wrote a vigorous dissent and also joined (IIRC) Rehnquist and O'Connor in dissent.

    Just my two cents.

    •  Ummm ... (0+ / 0-)

      If you're going to say that Justice Scalia has some liberalism in him, then you must be delusional.  Justice Scalia once argued that

      [i]t certainly cannot be said that a constitution naturally suggests changeability; to the contrary, its whole purpose is to prevent change -- to embed certain rights in such a manner that future generations cannot readily take them away.  A society that adopts a bill of rights is skeptical that "evolving standards of decency" always "mark progress," and that societies always "mature," as opposed to rot.

      Does someone who believes that social change isn't always a good thing sound like even a moderate?  It sure doesn't to me.

      Justice Scalia argues that the Constitution is some elite, intellectual document under seal at the National Archives, "should only be written about poetically, and little, grubby people should not be allowed to get their mitts on the document."  That is not what even a moderate argues.  Most people believe that the Constitution is not merely some intellectual foundation, but actually meant to serve the interests of justice.

      For these reasons, Justice Scalia should not have been confirmed to the Supreme Court.

      Today, the Court purports to be the dispassionate oracle of the law. - Justice Blackmun

      by jim bow on Thu May 04, 2006 at 12:59:09 PM PDT

      [ Parent ]

      •  a few points in response ... (0+ / 0-)

        First - yes, if I understand your question correctly, I think "social change" is not "always a good thing."  It can be a good thing; it can be a not-so-good thing, depending on the issue at hand.  Advocates of social change should always articulate their reasons for social change, just as advocates of the status quo should always articulate their reasons.  Overturning Roe v. Wade would be "social change", would it not?  Many people want it overturned; many don't.  "Change" for the sake of "change" is not wise, in my opinion.

        Second - how would you describe Scalia's decision to join Brennan's majority opinion in Texas v. Johnson without comment?  (Unlike Justice Kennedy, who - if I remember correctly - agreed with Brennan but wrote a separate concurrence to acknowledge the emotions the case generated)  I would not call it conservative.  I would not call it liberal.  I would call it correct, because I believe it was (and remains) a correct interpretation of the First Amendment on the issue of flag-burning laws.

        Third - Not sure what your phrase "some liberalism" means (I'm not a big fan of conservative / liberal labels anyway, as such labels can be manipulated endlessly) but in fact, "Scalia has a libertarian streak that can yield surprising results." See  

        Finally, where did you get the "grubby people" quote that you attribute to Scalia? I'd be interested to know.  Not necessarily doubting you, just genuinely interested in the source of that quote.


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