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Thread: Scalia was an intellectual phony: Can we please stop calling him a brilliant jurist?

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    Legal reporters and pundits have had a field day with Justice Scalia’s embarrassing error in his EPA v. EME Homer City Generation dissent. It was a significant mistake, and one I’m quite surprised no one on the Court caught before the opinion was released. And whether it was more or less serious than prior Court errors, such as Justice Kennedy’s mischaracterization of federal law in Kennedy v. Louisiana, this appears to be the first time a justice has made this sort of blunder. (For those curious, here’s the original opinion, and here’s the corrected version. The relevant passages are on page 12 of the dissent.) Intent on adding some his signature rhetorical flourish to his dissent, Justice Scalia forgot to make sure he got his facts right.

    https://www.washingtonpost.com/news/...making-errors/
    “What greater gift than the love of a cat.”
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    Rune (02-25-2016)

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    JUSTICE RUTH BADER GINSBURG:

    “From our years together at the D.C. Circuit, we were best buddies. We disagreed now and then, but when I wrote for the Court and received a Scalia dissent, the opinion ultimately released was notably better than my initial circulation. Justice Scalia nailed all the weak spots — the ‘applesauce’ and ‘argle bargle’ — and gave me just what I needed to strengthen the majority opinion.” (Read all of the justices’ statements on Scalia’s death.)

    SENATE MINORITY LEADER HARRY REID:

    “There is no doubt Justice Antonin Scalia was a brilliant man. We had our differences and I disagreed with many of his opinions, but he was a dedicated jurist and public servant. I offer my condolences to his family.

    The Legacy of a Great Jurist: Antonin Scalia (1936-2016)

    http://research.lawyers.com/blogs/ar...1936-2016.html

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    "OMITTING CONTRARY evidence turns out to be Scalia and Garner’s favorite rhetorical device. Repeatedly they cite cases (both state and federal) as exemplars either of textual originalism or of a disreputable rejection of it, while ignoring critical passages that show the judges neither ignoring text nor tethered to textual originalism.

    Thus they applaud White City Shopping Center, LP v. PR Restaurants, LLC, a decision that held that the word “sandwiches” in a lease did not include burritos, tacos, or quesadillas, because Merriam-Webster’s dictionary defines “sandwich” as “two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them.” Scalia and Garner stop there, as if that dictionary reference were the court’s entire decision, thus confirming the use of the dictionary as a guide to the meaning of legal documents. But the court had not stopped with the dictionary.

    A company called PR had leased space to operate a sandwich shop in a shopping center. Its lease forbade the shopping center to lease space to another store if more than ten percent of the new store’s sales would be of sandwiches. PR claimed that the shopping center violated the lease when it leased space to a Mexican-style restaurant that planned to sell burritos, tacos, and quesadillas. After noting Merriam-Webster’s definition of sandwich, the court made a series of points in support of its decision against PR that were unrelated to dictionary definitions: “PR has not proffered any evidence that the parties intended the term ‘sandwiches’ to include burritos, tacos, and quesadillas. As the drafter of the exclusivity clause, PR did not include a definition of ‘sandwiches’ in the lease nor communicate clearly to White City during lease negotiations that it intended to treat burritos, tacos, quesadillas, and sandwiches the same. [PR] was aware that Mexican-style restaurants near the Shopping Center existed which sold burritos, tacos, and quesadillas prior to the execution of the Lease yet, PR made no attempt to define, discuss, and clarify the parties’ understanding of the term ‘sandwiches.’”

    Those are more persuasive points than the dictionary’s definition, and as is often the case, the court got the definition wrong. (Scalia and Garner miss this, too.) A sandwich does not have to have two slices of bread; it can have more than two (a club sandwich) and it can have just one (an open-faced sandwich). The slices of bread do not have to be thin, and the layer between them does not have to be thin either. The slices do not have to be slices of bread: a hamburger is regarded as a sandwich, and also a hot dog—and some people regard tacos and burritos as sandwiches, and a quesadilla is even more sandwich-like.

    Dictionaries are mazes in which judges are soon lost. A dictionary-centered textualism is hopeless."

    https://newrepublic.com/article/1064...al-originalism
    “What greater gift than the love of a cat.”
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    Default Scalia was an intellectual phony: Can we please stop calling him a brilliant jurist?

    Quote Originally Posted by Superfreak View Post
    So you once again prove you are a fucking idiot. Thanks. Again... it is not disrespecting teachers in general. Just the idiots at CU. Again... personal experience. I would be willing to bet you do not know any of them personally. I do. Which again furthers the point that you are a fucking idiot.





    Again... thanks for proving you are a fucking idiot. I have no problem with people disagreeing with the opinions/decisions/writings of Scalia. None. I am simply saying that taking the hacks opinion on the intelligence of Scalia over that of RBG is moronic. She knew him. But something tells me you are too fucking stupid to comprehend what I just wrote.



    LMAO... the author is a fucking hack. I have met him and listened to him lecture... have you? You, again, are quoting his opinion because it confirms what you wish to believe.
    Stop being such a nasty cunt, you are better than that!!

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    Quote Originally Posted by Borboletta View Post
    Stop being such a nasty cunt, you are better than that!!
    No he's gone full retard lately

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    Default Scalia was an intellectual phony: Can we please stop calling him a brilliant jurist?

    Quote Originally Posted by The Dude View Post
    No he's gone full retard lately
    Maybe he is going through the menopause?

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    Dear Rune:

    Quote Originally Posted by Rune View Post
    Awesome post is awesome.
    If you're interested, you might find another article or two here.

    IMT

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    Default Scalia was an intellectual phony: Can we please stop calling him a brilliant jurist?

    Quote Originally Posted by Superfreak View Post
    LMAO... so again... nothing regarding the intelligence of Scalia. Just a difference in opinions on what a judge should do. Do you even read the shit you post?
    So fucking what? We all know that the man was intelligent but he had a flawed character and would fly off the handle very easily. A bit like yourself actually, no wonder you loved him so much.

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    Poor Stupidfreak.
    Even Tom can see through your daft bumbling hypocrisy.
    It is the responsibility of every American citizen to own a modern military rifle.

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    Quote Originally Posted by CFM View Post
    Let me see if I have this straight. Liberals say corporations shouldn't be treated like people until it comes to taxing them like one.
    corporations are owned by people.


    those people already have a vote huh.


    why should they get a second one because they have a shitload of money?



    do you force them to PROVE they are natural born Americans before they get this SECOND vote?

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