Democracy Gone Astray
Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.
All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.
[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]
Showing posts with label Antonin Scalia. Show all posts
Showing posts with label Antonin Scalia. Show all posts
Wednesday, April 06, 2016
Tuesday, March 08, 2016
Justice Scalia's Greatest Failure
In the 1960s, political conservatives accused the justices of the Warren Court of imposing their own liberal values and preferences on the nation in the guise of constitutional interpretation. They charged that the justices of that era consistently exploited the ambiguity of vague constitutional provisions guaranteeing, for example, "the freedom of speech," "the equal protection of the laws," "the free exercise of religion," and "due process of law," to inflict upon the nation liberal policies that were not, in fact, warranted by a more even-handed approach to constitutional interpretation.
Monday, February 29, 2016
The Supreme Court Decision That Made a Mess of Abortion Rights
Everyone considers Roe v. Wade, the 1973 decision that established a woman's right to an abortion, to be the most important ruling ever on the issue by the Supreme Court. But this year, a lesser-known progeny of Roe occupies center stage in potentially the most momentous abortion case confronting the justices in a generation. After Roe established abortion rights, Planned Parenthood v. Casey reined them in, creating a new legal standard that gave states greater leeway to regulate the procedure. Many conservative legislatures took advantage to enact a series of increasingly tough laws that reproductive rights advocates argue have made it more difficult—and sometimes impossible—for women to obtain abortions.
Antonin Scalia: The Billion-Dollar Supreme Court Justice
Supreme Court Justice Antonin Scalia was worth billions of dollars to corporate America, if a Dow Chemical settlement made public Friday is any indication.
Dow was in the midst of appealing a $1.06 billion class-action antitrust ruling, after a jury found that it had conspired with other chemical companies to fix prices for urethane, a material used in furniture and appliances.
Dow was in the midst of appealing a $1.06 billion class-action antitrust ruling, after a jury found that it had conspired with other chemical companies to fix prices for urethane, a material used in furniture and appliances.
Sunday, February 28, 2016
Justice Scalia spent his last hours with members of this secretive society of elite hunters
When Supreme Court Justice Antonin Scalia died 11 days ago at a West Texas ranch, he was among high-ranking members of an exclusive fraternity for hunters called the International Order of St. Hubertus, an Austrian society that dates back to the 1600s.
After Scalia’s death Feb. 13, the names of the 35 other guests at the remote resort, along with details about Scalia’s connection to the hunters, have remained largely unknown. A review of public records shows that some of the men who were with Scalia at the ranch are connected through the International Order of St. Hubertus, whose members gathered at least once before at the same ranch for a celebratory weekend.
After Scalia’s death Feb. 13, the names of the 35 other guests at the remote resort, along with details about Scalia’s connection to the hunters, have remained largely unknown. A review of public records shows that some of the men who were with Scalia at the ranch are connected through the International Order of St. Hubertus, whose members gathered at least once before at the same ranch for a celebratory weekend.
Wednesday, February 24, 2016
The Speaker for the Dead: Antonin Scalia and the Truth
For a long time now, I've been waiting with diligent patience to write three articles: One on the passing of former President George W. Bush, one on the passing of former Vice President Dick Cheney and one on the passing of now-former Supreme Court Justice Antonin Scalia.
The novelist Orson Scott Card developed, in his writings, an idea for someone known as the Speaker for the Dead. A Speaker does not spit-polish and shine the departed at the graveside, doesn't eulogize inflated greatness or create a polite fiction to please and soothe. The Speaker tells the unvarnished truth about the one going into the ground: the good, the bad and the ugly.
The novelist Orson Scott Card developed, in his writings, an idea for someone known as the Speaker for the Dead. A Speaker does not spit-polish and shine the departed at the graveside, doesn't eulogize inflated greatness or create a polite fiction to please and soothe. The Speaker tells the unvarnished truth about the one going into the ground: the good, the bad and the ugly.
Scalia's Pro-Business Legacy
Justice Antonin Scalia took his seat on the bench in 1986, during one of the greatest bull markets and the heyday of corporate mergers and acquisitions. In the three decades he served on the high court, he helped raise barriers for employees and consumers and he helped strike down limits on corporate political spending in the U.S. democracy. He will be remembered for his intellect and personality, but he should also be remembered for increasing the power of business in society.
Looking Back
Antonin Scalia, who died this month, after nearly three decades on the Supreme Court, devoted his professional life to making the United States a less fair, less tolerant, and less admirable democracy. Fortunately, he mostly failed. Belligerent with his colleagues, dismissive of his critics, nostalgic for a world where outsiders knew their place and stayed there, Scalia represents a perfect model for everything that President Obama should avoid in a successor. The great Justices of the Supreme Court have always looked forward; their words both anticipated and helped shape the nation that the United States was becoming. Chief Justice John Marshall read the new Constitution to allow for a vibrant and progressive federal government. Louis Brandeis understood the need for that government to regulate an industrializing economy. Earl Warren saw that segregation was poison in the modern world. Scalia, in contrast, looked backward.
Thursday, February 18, 2016
Glenn Beck Thinks God Killed Antonin Scalia To Help Ted Cruz Get Elected President
Glenn Beck has a theory on the death of Supreme Court Justice Antonin Scalia, and it's unlike just about anything else floating around out there.
In video posted online by Right Wing Watch, the talk show host explained that God may have killed the conservative justice to make a point -- specifically to jolt Americans into realizing how important their freedom is so that they vote for Ted Cruz to pick Scalia's replacement.
In video posted online by Right Wing Watch, the talk show host explained that God may have killed the conservative justice to make a point -- specifically to jolt Americans into realizing how important their freedom is so that they vote for Ted Cruz to pick Scalia's replacement.
Wednesday, February 17, 2016
Death of a Justice
With the death of Supreme Court Justice Antonin Scalia, the November election may decide the fate of all three branches of the United States government. That's a pretty unique situation, and it may boost turnout on both sides of the aisle. In most presidential elections, there's a wonky argument to be made about Supreme Court picks, but it's not usually so front-and-center with most of the voting public. Hardcore partisans tend to care deeply about this kind of thing, but the average voter usually doesn't think about it all that much in the voting booth. This year, things will obviously be different.
Tuesday, February 16, 2016
The Politics of Antonin Scalia
Antonin Scalia was one of the most influential and consequential justices in the history of the U.S. Supreme Court. Appointed by President Ronald Reagan in 1986, he was the intellectual anchor for today's conservative movement. His sudden death was a shock to all Americans, especially Republicans, who immediately assumed their battle positions.
In Praise Of Scalia
Antonin Scalia received his first political appointment in 1971, shortly before President Richard Nixon’s final two picks for the Supreme Court, Justices Lewis Powell and William Rehnquist, donned their black robes for the first time.
It was an auspicious time for conservatives. Because of Powell, Rehnquist, and two other Nixon appointees to the high Court, public school desegregation began to unravel, thanks to the Supreme Court’s 5-4 decision in Miliken v. Bradley. Poor children were told that they did not have a right to the same educational resources provided to rich children by the Court’s 5-4 decision in San Antonio Independent School District v. Rodriguez. As I write in my book, Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted, before Nixon’s justices joined the Supreme Court, liberals could hope for a day where “poverty is itself unconstitutional.” After Nixon filled nearly half the bench, the Court’s days as an agent for economic justice were largely over.
It was an auspicious time for conservatives. Because of Powell, Rehnquist, and two other Nixon appointees to the high Court, public school desegregation began to unravel, thanks to the Supreme Court’s 5-4 decision in Miliken v. Bradley. Poor children were told that they did not have a right to the same educational resources provided to rich children by the Court’s 5-4 decision in San Antonio Independent School District v. Rodriguez. As I write in my book, Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted, before Nixon’s justices joined the Supreme Court, liberals could hope for a day where “poverty is itself unconstitutional.” After Nixon filled nearly half the bench, the Court’s days as an agent for economic justice were largely over.
Here's What Happened Last Time An Outgoing President Made A Supreme Court Nomination
Just minutes after news broke Saturday afternoon that Antonin Scalia had died at 79, Republicans said they would not confirm President Barack Obama's nomination to replace the conservative Supreme Court justice -- no matter who it is. "Justice Scalia was an American hero," Sen. Ted Cruz (R-Texas), a presidential candidate and member of the Senate Judiciary Committee, tweeted Sunday. "We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement."
Antonin Scalia’s Death Is a Huge Opportunity for Hillary Clinton
Antonin Scalia is dead. The conservative majority on the Supreme Court is broken, at least for the moment—a rare opportunity for the United States, and an even a bigger opportunity for Hillary Clinton.
Clinton has been painted by opponents, both among Republicans and those in her own party, as a stage-managed politician without a moral or philosophical center, a woman whose only burning passion is for her own election. Most significantly, she is perceived as someone who cannot be trusted to represent the interests of those who would vote for her.
Clinton has been painted by opponents, both among Republicans and those in her own party, as a stage-managed politician without a moral or philosophical center, a woman whose only burning passion is for her own election. Most significantly, she is perceived as someone who cannot be trusted to represent the interests of those who would vote for her.
Elizabeth Warren Demolishes Arguments Against Filling Scalia’s Supreme Court Seat
Sen. Elizabeth Warren (D-Mass.) eviscerated the main conservative argument against filling Antonin Scalia’s Supreme Court seat during President Barack Obama’s last year in office.
Warren, an acclaimed legal scholar, explained in a viral Facebook post that since the American people re-elected Obama in 2012, his power to nominate a replacement has already been approved by the voters.
Warren, an acclaimed legal scholar, explained in a viral Facebook post that since the American people re-elected Obama in 2012, his power to nominate a replacement has already been approved by the voters.
The Simply Breathtaking Consequences Of Justice Scalia’s Death
Twenty-four hours ago, Republicans were headed into what remains of the current Supreme Court term with a solid majority and a docket strewn with some of the most consequential cases in decades. Affirmative action, abortion, birth control, immigration, an effort to shift congressional power to Republicans — all of these issues are before the justices this term.
The issues remain before the Court, but the balance of power just changed. Justice Antonin Scalia, the longest-serving member of the Court and one of its most outspoken conservatives, is dead. When the sun rose this morning, Republicans enjoyed a 5-4 majority on the nation’s highest Court. It sets on an evenly divided bench.
The issues remain before the Court, but the balance of power just changed. Justice Antonin Scalia, the longest-serving member of the Court and one of its most outspoken conservatives, is dead. When the sun rose this morning, Republicans enjoyed a 5-4 majority on the nation’s highest Court. It sets on an evenly divided bench.
Friday, January 22, 2016
Study: Scalia Better Off in “Less Advanced” Court
WASHINGTON (The Borowitz Report)—A new study conducted by legal scholars indicates that Justice Antonin Scalia would fare better if he served as a judge at a court that was “less advanced” than the United States Supreme Court.
According to the study, Scalia’s struggles to perform his duties in a competent fashion stem from his being inappropriately placed on a court that is “too demanding” for a person of his limited abilities.
According to the study, Scalia’s struggles to perform his duties in a competent fashion stem from his being inappropriately placed on a court that is “too demanding” for a person of his limited abilities.
Saturday, September 26, 2015
Justice Scalia Is Still Hopping Mad Over The Gay Marriage Ruling
With less than two weeks before the start of the new Supreme Court session, Justice Antonin Scalia is still lamenting Obergefell v. Hodges, the June ruling that legalized same-sex marriage nationwide.
At a Tuesday speech at Rhodes College, which his grandson attends, the justice blasted the decision, calling it the "furthest imaginable extension of the Supreme Court doing whatever it wants," according to The Associated Press.
At a Tuesday speech at Rhodes College, which his grandson attends, the justice blasted the decision, calling it the "furthest imaginable extension of the Supreme Court doing whatever it wants," according to The Associated Press.
Tuesday, July 28, 2015
Is Antonin Scalia Off His Rocker or Just a Sore Loser?
Has Supreme Court Justice Antonin Scalia completely lost his mind? Or is he better understood as the court’s biggest sore loser, who just can’t accept the fact that his colleagues roundly rejected his blustery constitutional and statutory interpretation when they ruled last month in favor of same-sex marriage in Obergefell v. Hodges and Obamacare in King v. Burwell.
Although I favor sore-loser explanation over the Mad-Hatter analysis there are good reasons to answer both questions in the affirmative. They are not, after all, mutually exclusive.
Although I favor sore-loser explanation over the Mad-Hatter analysis there are good reasons to answer both questions in the affirmative. They are not, after all, mutually exclusive.
Sunday, June 28, 2015
The 10 Most Wild Lines From Antonin Scalia’s Extreme Dissent Over Gay Marriage
Unsurprisingly, the other four conservative justices on the court besides Kennedy disagreed, each writing his own dissent. Antonin Scalia's, per usual, is a classic. Legalizing same-sex weddings isn't just a threat to traditional marriage for Scalia. Nay, it is a sign of democracy's downfall. Just "ask a hippie."
Subscribe to:
Posts (Atom)


