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When Antonio Scalia is misusing the rhetorical technique of analogy.

From TPM:

In his fervent defense Wednesday of Arizona’s right to crack down on illegal immigration, Justice Antonin Scalia likened immigration enforcement to crackdowns on bank robbers.
This from the same man who compared having to buy health insurance to being forced to eat your broccoli.
“Justice Scalia is funny but his analogy is false,” Kelley told TPM. “As a justice, he knows that there are things only the federal government can do, things the states can do and some things both can do. In this case only the feds can deport unauthorized immigrants. In the case of bank robbers, either the states or the feds can arrest, prosecute and jail them. I don’t think Justice Scalia is advocating for each of the 50 states to start deportation programs.”

Scalia sympathized with a radical interpretation of the Constitution where states may craft immigration laws as they see fit to protect their borders — none of the other justices went so far. Immigration policy is overwhelmingly viewed as federal turf, and even Arizona accepted that premise. Instead, the state argued that it was cooperatively assisting, not encroaching on, federal immigration enforcement. But Scalia pressed on nonetheless.

So Antonio Scalia has now gone further to the right than Russell Pearce on immigration. Doesn't that just give you a warm fuzzy feeling?

Since states can impose term limits, Justice, obviously by analogy the President can ask a justice to step down once they have served long enough ... and I think you clearly have done all the good you are ever going to do. If you want, I'll be happy to fly out to Washington and help you pack up your office. It will be my pleasure.


What is Antonio Scalia's game?

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