Showing posts with label antonin scalia. Show all posts
Showing posts with label antonin scalia. Show all posts

Sunday, May 21, 2006

scalia rebukes republicans in congress

About three months ago, Supreme Court Justice Ruth Bader Ginsburg made her support for the use of foreign law in court decisions public. In South Africa, she told the constitutional courts there that the use of international law was necessary because the U.S. Constitution is "a document frozen in time."

This past Thursday, Supreme Court Justice Antonin Scalia disagreed with Ginsburg's assessment, but still asked Congress to stay out of the issue. In a speech to the National Italian American Foundation, Scalia made it clear that while he held the same position as those fervent conservatives in Congress in opposing the use of international law in court decisions, he didn't need their help.
Scalia dissented vigorously from the court's recent decisions that invoked foreign law to help strike down the death penalty for juveniles and laws against consensual homosexual conduct. In Congress, conservative Republicans responded angrily to the rulings and introduced bills that would either condemn or ban the court's use of foreign legal authorities.
He told the crowd (where a few House members happened to be present) that "no one is more opposed to the use of foreign law than I am, but I'm darned if I think it's up to Congress to direct the court how to make its decisions."

Rep. Tom Feeney (R-Fla.), who has co-sponsored a nonbinding resolution against the use of foreign law, said that Scalia's comments were "like being told your favorite baseball player disagrees with your approach to hitting."

Scalia's "brilliance," Feeney said, "has not convinced a majority of the court. He needs our help, even if he doesn't want it."

After telling Congress that "it's none of your business," Scalia joked that "part of my charm is that I tell people what they don't want to hear." Five of the sitting Supreme Court Justices support the use of international law to create a transnational link between courts and give judges legislation that informs them without binding them. Justice Ginsburg does not think that the anti-international law legislation will pass. Some conservatives agree, now that Scalia has made his position clear on congressional intervention.

Monday, March 27, 2006

The hand protecting our Constitution

Scalia gives obscene gesture at church
(UPI) - A Boston Herald reporter asked the 70-year-old conservative Roman Catholic if he faces much questioning over impartiality when it comes to issues separating church and state. "You know what I say to those people?" Scalia replied, making the obscene gesture and explaining "That's Sicilian." The 20-year veteran of the high court was caught making the gesture by a photographer with The Pilot, the Archdiocese of Boston's newspaper. "Don't publish that," Scalia told the photographer, the Herald said.
Dick Cheney says "Go f#*k yourself" on the Senate floor. George W. flips off reporters in Texas, later recorded calling them "a*sholes." Supreme court justices now too? What does this really prove?

It proves that they have nothing but contempt for the people, for reasonable discourse, and for our fourth estate (you know that little idea of a free press mentioned in the first amendment?). A Supreme Court Justice, one expected to uphold our Constitution, feels free to exercise his first amendment right in a crass, juvenile manner, but expects his orders not to publish to be obeyed? They aren't hiding their agenda, their lust for power, their disdain for the ideals of this country. They really believe they've won and they can spit on us and any institutions that question them. What an embarrassment, again.

Thank God two of my best friends cleared this situation up for me before I really got depressed. Joe knows Boston, and took the liberty of enlightening me:
"Jennifer, for shame. How quick we are to hate.

Being that I am from the great Bay State, allow me shed some light on what you have OBVIOUSLY misconstrued to be some type of insult to his detractors. In the great city of Boston, the middle finger is synonymous with and common as a hand wave. It is our special way of saying, "How is yous guys doin'?"

So please, before you pass judgment on the great and august Justice Scalia, take a moment to attempt to understand (dare I say "embrace") the cultural diversity that makes up this great land. I think we will all be better people for it.

F*#@ you all,
Joe"
Thanks, Joe. I feel better now. And from my best spin-sister Holly back home:
"Justice Scalia clarified his comments and accompanying hand gesture made March 26th on his way out of Catholic mass. Regarding Scalia's use of his middle finger pointing upward, representatives for Scalia assured shocked supporters that when used by a person ordained by God to judge the morals of others, like Scalia, the gesture actually means "see you in heaven my child." Members of the religious right breathed a sigh of relief at the revelation and immediately thanked God for this neatly packaged and convenient answer, which allowed them to stop considering whether or not Scalia is just a prick. President Bush, in a statement issued today, praised Scalia for his uncompromising ability to 'see the Christian spirit in others, even his opponents and to express hope that even the Godless will receive salvation'. Bush, however, stopped short of expressing his approval of the gesture as the new symbol of the restructured Supreme Court. Unnamed White House sources report that Bush does agree that the gesture sums up the stance the new Court intends to take on established precedent inconsistent with its preconceived notions of morality and on Constitutional freedoms deemed unnecessary."
Thanks, Holly. Those degrees in journalism and law will take you far. Don't be surprised if Fox News calls with an offer if they read this.