ADVERTISEMENT

OT: Scalia found dead at West Texas ranch?

While I have been an attorney for over 40 years, like most members of the bar, I never argued a case before the Supreme Court. I do, however, have a passionate interest in the decisions of the Court, and have read hundreds of those decisions through the years. While I did not always agree with Judge Scalia, he was a brilliant man and I respected him as much as any jurist in my lifetime. Rest in Peace.
 
How sad is it that Internet message boards (including this one) can be filled with agenda-driven responses to someone's death? Justice Scalia appeared to vote his conscience in accordance with his interpretation of our nation's constitution. That his views tended to exhibit a staunch conservative side should be irrelevant in a thread about his death.

Let us all mourn his passing with empathy for his family and loved ones. Let us not sink into the sewer with those like that Chicago writer (Bernstein?) or the Pit trolls who rejoiced over Joe's passing out of spite or envy.

I'm not a lawyer, but my younger son is a federal attorney who has argued before the SCOTUS and who has written arguments what have now been accepted for presentation in certain habeus corpus cases. He was not fond of many of Justice Scalia’s decisions, but he mourns the death of a brilliant man whose views were simply opposite his own. I hope we can all do the same, saving the political rhetoric until after the funeral, at least.
 
How sad is it that Internet message boards (including this one) can be filled with agenda-driven responses to someone's death? Justice Scalia appeared to vote his conscience in accordance with his interpretation of our nation's constitution. That his views tended to exhibit a staunch conservative side should be irrelevant in a thread about his death.

Let us all mourn his passing with empathy for his family and loved ones. Let us not sink into the sewer with those like that Chicago writer (Bernstein?) or the Pit trolls who rejoiced over Joe's passing out of spite or envy.

I'm not a lawyer, but my younger son is a federal attorney who has argued before the SCOTUS and who has written arguments what have now been accepted for presentation in certain habeus corpus cases. He was not fond of many of Justice Scalia’s decisions, but he mourns the death of a brilliant man whose views were simply opposite his own. I hope we can all do the same, saving the political rhetoric until after the funeral, at least.

I don't see too many agenda-driven responses here (possibly excepting yours).
 
How sad is it that Internet message boards (including this one) can be filled with agenda-driven responses to someone's death? Justice Scalia appeared to vote his conscience in accordance with his interpretation of our nation's constitution. That his views tended to exhibit a staunch conservative side should be irrelevant in a thread about his death.

Let us all mourn his passing with empathy for his family and loved ones. Let us not sink into the sewer with those like that Chicago writer (Bernstein?) or the Pit trolls who rejoiced over Joe's passing out of spite or envy.

I'm not a lawyer, but my younger son is a federal attorney who has argued before the SCOTUS and who has written arguments what have now been accepted for presentation in certain habeus corpus cases. He was not fond of many of Justice Scalia’s decisions, but he mourns the death of a brilliant man whose views were simply opposite his own. I hope we can all do the same, saving the political rhetoric until after the funeral, at least.


Totally disagree. People exploit death of public figures to consecrate unearned, false hagiography that endures forever.
 
  • Like
Reactions: Ten Thousan Marbles
I don't see too many agenda-driven responses here (possibly excepting yours).

Well, I didn't intend to post an agenda, for I don't feel my opinion of Justice Scalia is relevant to a thread about his death. I regret that you inferred one from my statements.
 
Totally disagree. People exploit death of public figures to consecrate unearned, false hagiography that endures forever.

I agree. People don't normally get too mournful over the passing of somebody they never met or knew. Yet when someone famous (or semi-famous) dies, the PC thing to do is to fake heartache over it. It's pretty insincere if you ask me.
 
I agree. People don't normally get too mournful over the passing of somebody they never met or knew. Yet when someone famous (or semi-famous) dies, the PC thing to do is to fake heartache over it. It's pretty insincere if you ask me.

Somewhat agree. Yet, we do mourn musicians and athletes and actors. I suppose it is because we felt that we knew them thru their art.

Similarly, folks may mourn a public figure (or not) if they believe that they knew him thru his acts.
 
I agree. People don't normally get too mournful over the passing of somebody they never met or knew. Yet when someone famous (or semi-famous) dies, the PC thing to do is to fake heartache over it. It's pretty insincere if you ask me.
Well, I dunno. I'm no fan of Scalia's opinions but he was unquestionably a great legal mind. It's not heartache I'm experiencing, but rather a feeling that for better or for worse he played a significant role in shaping our society. It's too easy to put people in "conservative" or "liberal" pigeonholes without taking the time to really try to understand them. (I'm saying this as someone who probably knows more about Ginsberg than Joe Blow off the street.)
 
How does the court deal with decisions with an even number of justices?

Has happened many times in history, so there is plenty of precedent to follow.

Basically, all decisions that have not been delivered (even if voted on in conference) will be reviewed. The Court can not deliver a decision representing 9 votes at this time, as Justice Scalia is not available to sign the decision. If the vote of the 8 justices is a majority in any direction, then the writing of the decision, as well as the dissent, will continue. If the vote on the case is 4-4, then the Court will have notify the parties that the case must be re-argued before the Court. Typically, this is not scheduled before a replacement justice is seated. Whether that will take place before this term of the SCOTUS ends (in June) or not remains to be seen. I would be surprised if the re-arguing (should any cases require it) be scheduled before the next term, which starts in October.
 
  • Like
Reactions: Ten Thousan Marbles
It's always the ones that lecture me on tolerance. Go figure...

Interesting that you bring up the subject of tolerance in this thread.

Here is the takeway from Reason magazine:
http://reason.com/archives/2016/02/14/how-antonin-scalia-shapedmdashand-missha

Here is the wiki on Reason....a mainly libertarian publication. As you will see, the magazine has a long history of written contributions from conservative thinkers:
https://en.wikipedia.org/wiki/Reason_(magazine)
 
  • Like
Reactions: step.eng69
That the first thought people have is the politics of this is tragic- because the court is supposed to be above politics. No, it never has been, but it's gotten worse over the years. It would be nice if that trend could somehow be reversed.
It hasn't gotten worst, you are more exposed to it by today's media.
 
  • Like
Reactions: psuro
ADVERTISEMENT
ADVERTISEMENT