• Too Far? NAACP Magazine Shows Scalia With Confederate Bandana
    Articles,  Blog

    Too Far? NAACP Magazine Shows Scalia With Confederate Bandana

    the calmer all of the n_ double a_c_p_’s official magazine features justice antonin scalia with the confederate bandana so the question is did they go too far why or why not so let me give you got some of the backstory here real fast why did they make this cover well it was in direct response to a comment that scalia made about the voting rights act he called it they perpetuation of racial entitlement i cringe just when i repeat it so those of you who know the history of the voting rights act know how profoundly ridiculous that comment is the voting rights act of nineteen sixty five…

  • Kavanaugh, An Originalist? Here’s Why It Matters
    Articles,  Blog

    Kavanaugh, An Originalist? Here’s Why It Matters

    Actor Edward Gero declared: “I’m not an ideologue! I am an originalist.” It’s a term Justice Scalia liked to talk about. And as Judge Brett Kavanaugh’s Supreme Court nomination has heated up, you might have heard it again: “originalist.” But what is this judicial approach? And what could it mean for our democracy? Let’s start with the word: An “originalist” practices “originalism.” It’s a way to preserve the Constitution’s original meaning. Originalism tells us to interpret legal language to mean what people thought it meant back when it was passed. Take the Fourteenth Amendment’s guarantee of “equal protection of the laws.” The Supreme Court used this promise to strike down…

  • Edward Whelan: Scalia and Gorsuch on Chevron Deference
    Articles,  Blog

    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…

  • The conservative movement transforming America’s courts
    Articles,  Blog

    The conservative movement transforming America’s courts

    -You put the wrong justices on the Supreme Court and this country will never, ever, be the same. We have to pick one that’s gonna be there for forty years. From one of the 20 judges on my list, who will uphold and defend the Constitution of the United States. -Leonard Leo is the executive vice president of the Federalist Society. He advises President Trump on judicial nominations. -The Federalist Society is about results. They see judges, along with the Republican Party, as pathways to power. -You don’t mess around with judges. You get them confirmed. You get them confirmed quickly. -If you’ve got a group that’s been in-sourced into…

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

    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
    Articles,  Blog

    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…