WASHINGTON — Justice Antonin Scalia has never been shy about saying what he thinks and never reluctant to criticize those he disagrees with.
For more than a quarter-century, the high court’s term has nearly always ended with a rush of opinions in late June and a fiery dissent from Scalia.
His colleagues sit with tight expressions or distant gazes as Scalia sounds off, his tone one of anger and disgust.
His targets Monday included illegal immigrants and President Barack Obama. Dispensing with what he called the “dry legalities” of the Arizona immigration case, he spoke of its citizens being “under siege” and states feeling “helpless before those evil effects of illegal immigration.”
“Are the sovereign states at the mercy of the federal executive’s refusal to enforce the nation’s immigration laws?” Scalia asked.
Some said it was highly unusual, and perhaps out of line, for Scalia to cite Obama’s announcement in mid-June that he was granting a two-year reprieve to young people who entered the country illegally as children. Obama may have called it “the right thing to do,” Scalia said, but “Arizona may not think so.”
Usually, the justices rely only on what is in the legal record of the case.
Liberal commentators and some law professors said Scalia’s tone was strident and partisan.
He is “sounding more like a conservative blogger or Fox News pundit than a justice,” said George Washington University law professor Jeffrey Rosen.
Paul F. Campos, a law professor at the University of Colorado at Boulder, wrote on Salon about Scalia: “In his old age, he has become increasingly intolerant … and a pompous celebrant of his own virtue and rectitude.”
Edward Whelan, president of the Ethics and Public Policy Center and a former Scalia law clerk, said Scalia “was responding directly to the government’s own argument. Scalia’s basic point was to illustrate that the Arizona law didn’t conflict with federal immigration law but instead was at odds with the current administration’s refusal to enforce federal laws.”
Scalia, now 76 and the court’s senior justice, spoke only for himself. Justices Clarence Thomas and Samuel A. Alito Jr. dissented as well, but did so in separate opinions. It was hard to miss the fact that Scalia’s reproach was directed at an opinion that spoke for Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy, the two who are likely to hold the deciding votes in the court’s health care ruling, set for Thursday.
Scalia has long been a dominant figure in the court’s oral arguments. His quick wit and sarcastic jibes can ruffle lawyers, particularly those who are arguing for liberal rulings.
It has been much debated, however, whether Scalia’s dissents have helped or hurt his cause. His take-no-prisoners style has won him legions of admirers among conservatives. But he has also alienated some of the court’s moderates, who have split with him and gone their own way.
In 1989, he criticized Justice Sandra Day O’Connor when she refused to go along with an opinion by then-Chief Justice William H. Rehnquist that would have overturned the Roe vs. Wade decision that legalized abortion. O’Connor said such a decision was premature, since the case before the court involved only minor regulation of abortion. In a full-bore dissent, Scalia said her view was “not to be taken seriously.”
Three years later, Justices Kennedy and David H. Souter joined with O’Connor and broke with Scalia to uphold the abortion right. More recently, Kennedy, O’Connor and Souter voted to uphold gay-rights claims, despite fierce dissents from Scalia.
Scalia had a good relationship with Rehnquist. Both conservatives, they almost always agreed on major cases. So far, the same has been true with Scalia and Roberts. The big test will come Thursday, however, when the chief justice begins the announcement of the court’s decision on the constitutionality of the Obama administration’s health care law.
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©2012 Tribune Co.
From the article:
“Justice Antonin Scalia has never been shy about saying what he thinks and never reluctant to criticize those he disagrees with.”
He was pretty shy and deferential when he was being confirmed by the Senate for the job. A real Mr. Nice Guy as I recall. Makes you wonder what else he was concealing.
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Look, it’s not just “liberal commentators and some law professors”.
“The U.S. Supreme Court should uphold a law requiring most Americans to have health insurance if the justices follow legal precedent, according to 19 of 21 constitutional law professors who ventured an opinion on the most-anticipated ruling in years. Only eight of them predicted the court would do so.” http://www.bloomberg.com/news/2012-06-22/law-experts-say-health-measure-legal-as-some-doubt-court-agrees.html
The four far-right partisan judges aren’t reliable for much (especially Scalia) beyond assuming the position of the Republican party. Their approval rating is lower than the President’s at 44%. America doesn’t trust the lot of the Court do the right thing. They don’t see them as doing what the Constitution mandates, but what their party demands.
In the past, with controversial decisions, the Court sought solid rulings. Now, we constantly get these 5-4 decisions with very weak arguments. Like what was said in Citizens United how corporate money probably couldn’t impact the outcome of an election anyway. Or here with Scalia’s clearly politically motivated statements.
The Court is turning into a joke. Hopefully tomorrow they’re united in their decision, otherwise the country will continue to doubt them.
The same could be said of Ginsberg, Breyer, and Sotomayer. This article does not seem very balanced, with each view point expressed. PROPRAGANDA!
I used to admire Scalia, thinking that his core value on the bench was judicial restraint. Recently, he has shown his true colors . He believes in restraint, only when it coincides with his political beliefs. He and others like him cheapen the majesty of the court.
The Obama Justice Department led by the
notorious U.S. Attorney General Eric holder has been harassing the legal residents of Arizona, as some
plaything? The Obama’s administration is playing with the lives of innocent citizens,
being slaughtered on the highways of America, the criminals who have spilled
into this sovereign nation, transporting their drugs across the border. Daily
headlines in the rural press tell of murders, home invasion and assaults on
women and children by illegal aliens. How many more citizens are going to live
in fear of their lives throughout the border region? Which cattleman is going
to be murdered on his land, have their home ransacked, fences cut or their
property covered with narco-terrorist trails leaving piles of human trash.
Who will be the next U.S. border Patrol
agent to die, through slip shod programs such as ‘fast and furious’ an
unraveling mystery as yet to be revealed? Just look at the statistics of crimes
on ‘THE DARK SIDE OF ILLEGAL IMMIGRATION’ website? But the mainstream Liberal
press either denies this is happening or refuses to print the truth. Of course
the Ultra Socialist editors in the mainstream media always corrupt the
evidence, stating that Americans commit the same offenses. Obviously Americans
do, but does that mean we should tolerate the heinous criminals from other
nations and third world countries who shouldn’t be here in the first place.
Both political parties in their own wretched way, have brought this epidemic on
this land.
However, they refuse to recognize, that
if the border was really secured or they could track the over stays, who use
international flights as foreigners posing as tourists. All this mayhem brought
about by years of what I think was intentional unconcern and ignorance by
decades of previous governments. Seeing the Supreme Court’s ruling didn’t go
exactly the Justice Department way, they are acting like a spoiled child by
cutting of the 287(g) enforcement law for the Grand Canyon state. In light of
yesterday’s Supreme Court ruling, the Obama Administration has suspended the
287(g) program in Arizona and enforcements. Holder using their ultimate power
to intimidate the desert state that is trying to survive the onslaught of
illegal aliens. A Justice Department
should be there to help protect the people, but instead they are using any
manner of issues to undermine the Arizona state sovereignty.
The 287(g) program is an official
partnership between local law enforcement agencies and Immigration and Customs
Enforcement (ICE) to aid in enforcing federal immigration laws at the local
level. Federal officials said the program is no longer needed in Arizona now
that the Court has upheld the section of the state’s immigration-enforcement
law requiring all police to check immigration status. What is next for the
Obama regime and his Czar goons, to rescind the ‘Secure Communities’ so local
police cannot fingerprint suspicious people who may be illegal aliens.
A COVERT AMNESTY HAS BEEN PASSED BECAUSE PRESIDENT OBAMA,
HAS NOT ONLY DISMISSED LAWS PASSED BY THE CONGRESS, BUT NOW IS STATED THAT IT
WILL NOT ENFORCE IMMIGRATION LAWS, SPECIFICALLY ON THE ONGOING INTIMIDATION OF
ARIZONA. IN OTHER WORDS THIS PRESIDENT HAS METHODICALLY TORE UP THE EDICTS IN
THE CONSTITUTION AND ALLOWING FOREIGN NATIONALS TO STAY BY EXECUTIVE FIAT. THIS
MAN DOESN’T SEEM TO CARE THAT THIS COUNTRY IS BEING OVERWHELMED BY THE POVERTY
FROM SOUTH OF THE BORDER, BUT ALSO A MAGNET TO MILLIONS OF PREGNANT WOMEN WHO
ONCE ARRIVE HERE CAN STEAL THE WELFARE OF AMERICAN FAMILIES. ONCE SMUGGLED
THROUGH THE BORDER 400.000 ILLEGAL ALIEN MOTHERS ANNUALLY CAN REAP THE REWARDS
OF CRIMINALLY ENTERING THE UNITED STATES. WHAT SHOULD BE GOING TO OUR OWN
CITIZENS, BEING BLED FROM STATE TREASURIES TO PAY FOR THE WELFARE THROUGH COURT
UNFUNDED MANDATES.
We are looking at a President that has
added trillions of dollars to the 16 trillion deficits. With Hillary Clinton
going overseas and giving $2 billion of taxpayers’ money to some obscure
organization in these administrations push for green energy. Not satisfied with this, the Democrats are
selling Americas rights of the oceans; with ‘The Treaty of the Sea’.
We should not be looking from either
the Obama Government or the Mitt Romney potential administration, but the TEA
PARTY. IT is the Time of the PEOPLE’S
PARTY. It is the time for the TEA PARTY, which is complimented by man/women;
African, White, Hispanic, Asian and other Americans of different nationalities.
The TEA PARTY is a wealth of different religions, faiths, gay and ordinary
people of every walk of life. Remember
a large Majority who votes for President Obama for a second term could be non
citizens or American citizens who spend their days watching TV, selling drugs,
collecting public assistance and living off the rest of us as parasites. The exception is the sick and true disabled
human beings, so think of their dilemma who taxpayers should be assisting,
instead of foreigners. If you are
frustrated with feeding the rest of the world, unable to get a decent job then
join the TEA PARTY. The controversial immigration debate and the problems it
has brought; it is a theft of your taxes.
Obama’s new the rules and regulations have been forced on
American with its so called ‘Political Correctness’ along with its growing
taint of Socialism philosophies impregnating our young in the schools and
universities. President Obama has placed
obstacles to halt the extraction of valuable energy resources in our time of
urgent need. This administration has squashed efforts to extract oil, natural
gas and coal; that we could lower the costs from transportation, but sell
residual amounts to friendly foreign countries. The progressive’s zealots in
the environmentalist world have stopped the laying of oil pipelines from Canada
to Texas, and in Utah the Prairie dog has more dominion over townsfolk people
through the absolute fanatical ‘Endangered Species’ law. I wonder how long it
will be before the Obama Administration taxes us even more, because we actually
have a pulse.
Two of the most
controversial issue, that we must be imposed at once, so no more foreign
invaders are encouraged to break the immigration ‘Rule of Law’. ‘THE LEGAL
WORKFORCE ACT’ (E-VERIFY) must be passed and advanced, so illegal aliens can no
longer steal jobs from the millions of Americans unemployed. The ‘BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so un born babies
smuggled into America, so that parents cannot take benefit from welfare, once
the child become an immediate citizen. Half a million pregnant women enter the
United States looking for handouts annually, for their children.
This is the time when every American
who believes in the ‘Rule of Law’ and steps forward to let their Senator or
Congress person knows how you will vote. Tell the politician’s aide (screener) and
that you want them to sponsor E-Verify and the Birthright Citizenship bills.
Citizen voters should phone Congress at the central Switchboard at
202-224-3121. Insist YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the
oath of office and stop pandering to the businesses that use cheap labor or the
pro-illegal alien lawmakers that you are only voting for those who favor the
TEA PARTY ideology. Use the power of
your VOTE to demand they sponsor these to policies or we are destined to become
like Europe, overwhelmed by the poverty of other nations.
I read this “news” article in the main section of my paper, not in the Opinion section, which this clearly is. Whoever edits at McClatchy is a political hack.