SCJ Antonin Scalia Died

[j44ke]

News reports say Scalia died in his sleep after a day of hunting in Marfa, TX.

[mjbabcock]

I thank him for his service to the country, but cant say ill miss him much.

[j44ke]

We certainly have an interesting year ahead of us, that's for sure.

[Bobonli]

A brilliant mind.....

Not at all a fan of his rulings or social positions, but if you take the time to read his SC opinions, they are extremely well written and you can sense his passion. I admire him for his writing and ability to communicate clearly his position on a matter. There are a lot of his opinions that are so laced with sarcasm and contempt for his fellow jurists, that they make you laugh aloud.

His passing gives the President one last opportunity to shape the court for the future, but he better get a move on it. I'm not sure I can recall a time in history where an appointment is likely to stir up as much debate and delay as this one will. I wonder if Congress can legally delay it until after the election thereby nullifying the President's selection.

[SteveP]

a self promoter who politicized the ultimate court in the land.
history will judge him harshly.

sorry to get political.

[gggross]

Delay, delay, delay, delay...

[edoz]

Stock up on popcorn, the impending shitshow of his replacement and the resulting republican outrage will be something else.

[hampco]

Was Dick Cheney involved?

[j44ke]

I think even now while most legal scholars recognize the quality of his mind, they've had persistent questions about the quality of his legal opinions. He did change the country - on one hand he helped disassemble the decisions of the Warren Court, considered the epitome of a liberal bench, but on the other hand, he emboldened groups who felt injured by the results of his leadership to change the country from the outside in, to the point where Scalia wondered aloud in a brief associated with Gay Marriage litigation whether the country had actual grown beyond his views and left him behind. He didn't change his mind of course, but it was pretty astonishing to see that level of introspection written down. Another curious aspect of Scalia's tenure - one of his best friends on the bench was Ruth Bader Ginsberg. They'd known each other for a long long time and there was a lot of mutual respect evidently, though more recently RBG seemed to lose patience with some of Scalia's improvisational legal opinions. Collegial relationships like that are rarely understood by outside parties who may be locked in the types of "town ain't big enough fer the two of us" arguments the Supreme Court adjudicates. But they are important parts of allowing this country to go forward productively. Without them, nothing happens. See: Congress.

Speaking of which, the statements that Obama should allow the next president to select the nominee are ludicrous and untenable. There is just too much work for the Supreme Court to do for the bench to be limited to 8 members (any 4-4 ties revert to the lower court decision without establishing Supreme Court level precedent,) and no interpretation of the law provides any requirement that the President to wait. The nominee will have to be much more conservative on average than liberals will enjoy in order to be approved and much more liberal than conservatives will enjoy to be selected by this President. And that's how it is supposed to work.

[SteveP]

anyone convinced of his brilliant mind should read his comments on the affordable care act and broccoli.

he should have been ashamed to reduce the level of discourse to this.
in the end..it was all about getting on the news and under the skin of his opponents.

[e-RICHIE]

I'll happily take his place.
Does his office have heat?
It's FREEZING here atmo.

[j44ke]

I'll happily take his place.
Does his office have heat?
It's FREEZING here atmo.

Light the torch so that others may see! And stay warm!

[theflashunc]

I'll mourn the fact that a first rate intellect, by nearly all accounts I read of the man, would rather spend his life denigrating and marginalizing many of his fellow citizens from a position of power, than trying to improve the world.

And his opinion on broccoli was world-class horseshit.

[Mabouya]

As much as I hate to admit it, when I read the news this is the first thing that came to my mind:

[UnfilteredDregs]

"Mere factual innocence is no reason to carry out a death sentence properly reached."

Brilliance and perversion have made many ignoble and infamous marks upon our history.

[Mabouya]

"Mere factual innocence is no reason to carry out a death sentence properly reached."

Brilliance and perversion have made many ignoble and infamous marks upon our history.

In Scalia's defense for this one, I don't think it was every proven that Herrera was innocent, it's just that he claimed that he was and that there was some evidence that his brother is the one who did the shooting. Also, I don't think Scalia actually said those exact words, but he did say something close to that.

[ron l edmiston]

I'll happily take his place.
Does his office have heat?
It's FREEZING here atmo.

& a damn good job would be done, "imperfection is perfection.."

ronnie a smile'n

[vertical_doug]

The stakes are pretty high with this appointment. Many people thought Ruth Bader Ginsberg would be the next to retire. She is 82 has already survived 2 bouts of cancer and recently had stents surgery in 2014. If Obama appoints a replacement for Scalia, and RBG retires, you can tilt the court more liberal for the foreseeable future. If everything is delayed, and the next president is republican, potentially you can tilt the court all the way 6-3 conservatives vs liberals. With stakes so high, I expect new lows in political behavior this spring.

[Dallas Tex]

A nomination of a Supreme Court justice by basically a lame duck president in an election year is essentially unheard of. Scalia's successor will be chosen by the next president.

No big deal either way imho. What's more troubling to me is the trend in our society to demonize and silence dissenting views. The dissenting view and the ability to express is the bedrock of a free society.

[vertical_doug]

A nomination of a Supreme Court justice by basically a lame duck president in an election year is essentially unheard of. Scalia's successor will be chosen by the next president.

Yes, it is essentially unheard of because only happened with LBJ. LBJ nominated Associated Justice Fortas in June 1968 to replace Chief Justice Earl Warren, and Homer Thornberry to associated Justice. LBJ thought some of his great society legislation could be ruled unconstitutional by the court. But LBJ had sown a lot of bad blood by convincing Associated Justice Arthur Goldberg to vacate his seat in 1965 to take ambassador role at the UN , creating the original opening for Fortas. June is not Feb.

Outside of this case, I went back as far as 1880's with President Arthur. There are no other cases. A couple of Justices died right after a new president's were sworn in (Term previously started March not Jan) , but nothing during the lame duck year besides LBJ.

Since concerns the sudden death of a sitting justice and not retirement, I do not think a call to postpone is justified.
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