Why does Supreme Court Justice Antonin Scalia keep giving us more reasons to question his fitness for his job?
It’s not like he hasn’t provided ample evidence of judicial bias over the years, the most fateful of which being his participation in the Selection of George W. Bush as President in Bush v Gore. Scalia’s later spinning of that decision, along with his callous exhortations to Gore voters to “get over it!”, calls into question both the decision and his more recent mental competence. One commenter on the linked article, which is from 2012, succinctly put it:
“Since Supreme Court decisions are intended to set legal precedent going forward (although in this bizarre instance the court stated this decision was meant to be sui generis, an abrogation of its function) then it is literally impossible to “get over” a Supreme Court decision. Maybe this swaggering jerk should step down if he doesn’t get that.”
From a 2012 article in The Daily Beast, some info about the most infamous photo of Scalia:
Scalia didn’t appreciate a reporter from the Boston Herald asking him in 2006 how he responds to critics who say his religion impairs his fairness in rulings. “To my critics, I say, ‘Vaffanculo,’” Scalia reportedly said, flicking his right hand from under his chin. In Italian, this not-so subtle phrase means “f–k off” and the accompanying hand flick is equally rude. “You’re not going to print that are you?” he apparently asked in an interaction that occurred, it’s worth noting, inside the Cathedral of the Holy Cross at Sunday mass.”
Scalia has no love for LGBT Americans, as discussed in a 2013 Mother Jones article. One example:
“In his dissent in Lawrence [Lawrence v Texas], Scalia argued that moral objections to homosexuality were sufficient justification for criminalizing gay sex. “Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their home,” he wrote. “They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.”
And in this Mother Jones article from February of 2012, sarcastically entitled “Supreme Court Poised to Declare Racism Over”, the [dis]honarable Justice Scalia displays his views on racial discrimination during Shelby County, Alabama’s challenge to the Voting Rights Act. From the article:
That’s not to say all discrimination is a thing of the past. In the eyes of the high court’s conservatives, America has transcended its tragic history of disenfranchising minorities, but there’s still one kind of discrimination that matters: Discrimination against the states covered by Section 5 of the Voting Rights Act. Justice Antonin Scalia said that it was “sort of extraordinary to say” that “Congress can just pick out…these eight states,” referring to the states covered by Section 5.
Later, Scalia telegraphed his reasoning for what will almost certainly be a vote to strike down part of the law. Explaining overwhelming support for the Voting Rights Act reauthorization in Congress in 2006, Scalia called Section 5 the “perpetuation of a racial entitlement” that legislators would never have the courage to overturn. “In the House there are practically black districts by law now,” Scalia complained.
[Makes ya wonder how Scalia's Siamese twin, Clarence Thomas, REALLY feels about discrimination against other American citizens of color.]
Last week, Justice Scalia came out with another disturbing notion. From yesterday’s Think Progress thread:
“During an event at the University of Tennessee’s law school on Tuesday, Supreme Court Justice Antonin Scalia suggested to the capacity crowd that perhaps they should revolt against the U.S government if their taxes ever get too high.
During a question and answer part of the event, a student asked Scalia about the constitutionality of a federal income tax. Scalia assured the questioner that the tax was in fact permissible by the constitution, but added that if it ever became too high, “perhaps you should revolt.” … Supreme Court justices have largely refrained from such rhetoric. Still, in recent years, Scalia has shifted even further to the right than when he was first appointed.
Days later, at a joint appearance with fellow Supreme Court Justice Ruth Bader Ginsburg, Scalia offered a bit of ironic commentary on inflammatory rhetoric. “It sometimes annoys me when somebody has made outrageous statements that are hateful,” he told the audience at the National Press Club. “Sometimes the press will say, ‘well, he was just exercising his first amendment rights’…You can be using your first amendment rights and it can be abominable that you are using your first amendment rights. I’ll defend your right to use it, but I will not defend the appropriateness of the manner in which you are using it.”
[Right back atcha, Antonin.]
And all of this from someone who was once a regular on the PBS series “Ethics In America”. The series was produced by the Columbia University Seminars on Media and Society and was hosted by Fred Friendly; individual episodes can be viewed here. I recommend checking out some of the episodes; the ones with Scalia show a younger, more reasonable and slightly more jovial Antonin Scalia.
These days, I don’t believe that Antonin Scalia knows the meaning of the word “ethics.”
This is our daily open thread–what’s on YOUR mind?