• Edward Whelan: Scalia and Gorsuch on Chevron Deference
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    Edward Whelan: Scalia and Gorsuch on Chevron Deference

    The argument that Justice Scalia embraced in a noteworthy 1989 Law Review article, is that it was important and valuable to have a default rule so the courts weren’t always trying to figure out, right at the beginning, what do we do with this statute? Is this a statute that calls for us to defer it to the agencies or not? He emphasized that Chevron was not, by any means, constitutionally mandated. He believed that there was value in having a clear rule up front for Congress to choose to depart from if it wanted to, to, for the courts to have a clear rule to apply in reviewing agency…

  • Justice Scalia Confused About 14th Amendment’s Meaning – Political Maniacs
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    Justice Scalia Confused About 14th Amendment’s Meaning – Political Maniacs

    justice scalia says that the Fourteenth Amendment protects all races not only the blacks the blacks great trees that were so no from affirmative action voting rights protections anything he deems racial entitlements high court’s least inhibiting conservative was at it again this week during oral arguments in the case advocates for minorities they’re challenging michigan’s voter-approved ban on a per action in college admissions case res the pre court after a federal appeals court held that the band pilot working amendment equal protection guarantee in that prevents minorities for lobbying for racial preferences with other groups can lobby for their favorite programs lawyer Charles the ban arguing that the…

  • Scalia: Portrait of a Man & Jurist [Excerpt]
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    Scalia: Portrait of a Man & Jurist [Excerpt]

    My hand is on a, if you get real close you can see the title, it’s The Federalist and above that is uh, uh Webster’s Second International Dictionary. I don’t like the Third. And behind that is the wedding portrait of Maureen. And down at the bottom is uh, is uh, uh a well-known, uh, portrait of Thomas More. He is one of my, one of my heroes. It’s a tradition, uh, at the Court, to have the law clerks of the justice commission a portrait which will be hung at the Court when the justice dies or retires. He was a principled man. He was a man of faith,…

  • The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson
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    The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson

    I am one of the eight who filed a dissent in this case and I, I suppose when one dissents from as many of the court’s decisions in one day as I have today you get to ah, discuss it. I discuss it because I think it’s uh, one of the most important opinions the court has issued in many years. To many people, it may seem that this case is of some political interest, but it’s not likely now or in the future to have any proximate effect upon their lives or the lives of their children. It does not after all involve freedom of speech, freedom of the…