Scalia

Republicans Should Check and Balance Obama’s SCOTUS Nominee

Against all wisdom and common sense, I engaged in a debate online about Senate Republicans potentially filibustering or blocking President Obama’s SCOTUS nominee-to-be to replace Justice Antonin Scalia following the justice’s untimely passing this weekend. Truly, I don’t recommend it. It was not only as futile as all online arguments are (no one is ever convinced of any opinion except the one they went in with. It’s almost exclusively a forum to rant), but it was disturbing in a way that proved beyond a shadow of a doubt the blatant, admitted, and poisonous hypocrisy some on the left have in matters of politics.

The vacancy left by the great Scalia (who, as an aside, my opponent in the online “debate” was convinced was a biased right-winger and was petulantly annoyed when I shared this article and told him to educate himself) will be hard to fill simply because the man who created it with his death was so great. That is nearly universally accepted.

But what Democrats seem to want to do is forget the concept of advice and consent (the constitutional provision that gives the Senate the authority to accept or disdain a presidential appointment), even as their own recent history shows their willingness to use it with careless abandon.

Supreme Court Justice Antonin Scalia Dies, Unleashing an Election Year Earthquake

Supreme Court associate justice and giant of US politics and constutional law, Antonin Scalia, 79, has died of apparent natural causes in Texas.

According to a report, Scalia arrived at the ranch on Friday and attended a private party with about 40 people. When he did not appear for breakfast, a person associated with the ranch went to his room and found a body.

Widely considered to be an “originalist”, Scalia actually used a “textual” interpretation of the Constitution, relying on the plain reading of the text as written to rule on cases. This interpretation placed him as one of the most conservative justices on the Court, and his intellect and integrity will make him impossible to replace.

It is no exaggeration to say that Justice Scalia was the most consequential jurist of the past 35 years. A persistent, pugnacious and persuasive advocate for textualist statutory interpretation and originalist constitutional interpretation, he had an outsize effect on his colleagues, the court and the course of the law. More than anyone else, Justice Scalia is responsible for the renaissance of these interpretive methodologies and the displacement of “living constitutionalism” and reliance upon legislative history.

He certainly won’t be replaced by President Obama.

An Inartfully Drafted Law, Indeed: Obamacare Upheld

obamasebelius

In the wake of The Supreme Court wrangling language to uphold Obamacare yesterday, many opinions happened. From Chief Justice Roberts being declared a fake conservative who hates the rule of law, to Justice Scalia achieving the title of “Most Metal” SCOTUS judge, people and pundits are still processing what it means that our highest court in the land has ruled to keep a law that — and make no mistake about this — will continue to not work and therefore be an economic and logistical disaster, be very expensive, and be very, very hated. (And, for those kids posting .gifs of Obama as the cool kid for “winning”, please do some research. He’s won nothing. Nor have you.)

Anyway, let me just pile on with an opinion of my own, and it might be slightly in defense of Roberts because I maybe, kinda, can see what he’s doing. But by doing anything, he’s doing what he says he doesn’t want to do. I know. Let me explain…

I agree with that Cato piece up top when it says:

Afraid that ObamaCare as written would throw the sickest patients out of their health plans a second time, the Court rewrote ObamaCare to save it—again. In doing so, the Court has sent a dangerous message to future administrations: If you are going to violate the law, make sure you go big.


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