Saturday, September 26, 2020

Scalia Had A Judicial Philosophy?

I know Scalia was supposed to be the “smart one”. Mostly because everyone kept saying so ( and he said so first, last and always). But I always thought RBG had Scalia by the intellectual (and legal) short and curlies.

It was hard to argue with her reasoning, even when I disagreed. It wasn’t that hard to find the flaws in Scalia’s arguments. They were usually hiding behind his posturing. We need another Scalia on the high court like we need another Thomas. Then again the legal landscape is littered with Judges who deserved a place on that bench and never got it. And with judges on the bench who had no place there.

My judicial philosophy aligns with Learned Hand’s judicial realism, if only because he tried to make the law, not ideology, the center of a judge’s task. Scalia brayed  about a silly idea of “original intent “ which somehow always lined up with his ideology.

The curious thing is, that quote at the top of my blog says the opposite of poverty is justice. That’s an idea rooted in the prophets, and the law of Moses and the teachings of Jesus. Ginsburg (the Jew) seemed to understand that concept far better than Scalia (the Christian). I make no judgement based on that, just an observation: as you are rooted, so will you grow.

1 comment:

  1. Of course she will join the other fascists on the Supreme Court because the Republican Party is a fascist party, it has been for decades, certainly since Gingrich and, really, it's been dominated by them since they adopted racism as a way of winning with Nixon and Goldwater. The Supreme Court's ridiculous PR image will take less time to tear down now, unfortunately, unless Democrats sweep the election and make the radical change that Obama was commissioned to but was too much of a lawyerly coward to do, it won't matter. I'm finding I'm getting more pessimistic as the election draws closer, though I'm going to go vote the first day possible, here, partly it's the drought, the horrific fires, the "blob" in the Pacific, the success of the reign of lies, the media already showing themselves willing to attack a Biden administration as it did the Obama administration out of "journalistic principles" the pose of propriety that covers over the brothel that it becomes when it is given complete freedom to lie in its owners and advertisers and "journalists'" self interest. No profession can be trusted to police itself, the Supreme Court is the least restrained by anything other than caring about the Court's credibility and it's clear the fascists on it aren't worried about that. They know the media will lie to protect them as it will lie to help this skank get put on it. They did for Roberts and Alito, manipulated by the theatrics of Lindsay Graham and Alito's wife. Everyone in that room knew he was lying his head off just as this one will.