Category Archives: Antonin Scalia

>SCOTUS Redux

>While the Supreme Court declined to take on the last Obama citizenship petition, which Clarence Thomas brought to the court, now Justice Scalia has taken on an identical case:

Justice Scalia, by referring Wrotnowski v. Bysiewicz to committee on Dec. 12 may allow the Supreme Court to decide upon Barack Obama’s status as a presidential candidate before the currently scheduled Electoral College election day, December 15.

This case is essentially similar to the case of Leo Donofrio, who assisted Connecticut lawyer, Cort Wrotnoski, in drafting it. According to Donofrio, the basis is very much the same (not essentially about the birth certificate, but regarding a foreign father) and it includes additional corroborative research and/or reasoning. Also, the history of this case is less problematic for the Supreme Court (SCOTUS) than the Donofrio case, due to a suspicious misfiling of the latter case by a New Jersey judge which may have provoked a question of standing before the Supreme Court.

Oh, fer chrissakes. Talk about your “activist judges.”

So I guess the two conservative ideologues on the SCOTUS will continue to accept petitions challenging Barack Obama’s eligibility to serve as President until, what? A third Bush term? Another election? Nancy Pelosi is president?

Remember when everyone was clamoring at Al Gore to concede the election “for the good of the country”? Yeah, good times, good times.

This is ridiculous. For more, read Salon’s coverage of today’s press conference, which appeared to be long on looney, short on sanity. If this is the crowd Clarence Thomas and Antonin Scalia are hoping to legitimize, I seriously question their ability to serve on the nation’s highest court.

(h/t, Sadly, No!)

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>Wit & Wisdom Of Antonin Scalia

>Just to remind everyone about what’s at stake in November, we have these pearls of wisdom from Supreme Court Justice Antonin Scalia:

“Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution?” he asked.

“It would be absurd to say you couldn’t do that. And once you acknowledge that, we’re into a different game.”

Oh wow! I saw that episode of “24,” too! Yeah, that was so cool how Jack Bauer saved Los Angeles by smacking that …. oh, wait. That was a TV show.

Never mind.

British human rights law expert Conor Gearty exposed Scalia’s intellectual dishonesty:

“Antonin Scalia works hard to protect himself from having to think seriously about torture,” he said. 

“His devices are quite obvious, the idea of a smack on the face – rather than sensory deprivation, or waterboarding or any of the Abu Ghraib images – and the comment about ‘so-called torture’…”

Professor Gearty accused Justice Scalia of creating a “nightmare scenario of mass destruction that all defenders of torture so need, to hide the fact that the reality of torture will be quite different.”

Indeed it is. And the last thing this country needs are more intellectually dishonest people like Antonin Scalia on the Supreme Court.

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Fiction Vs. Reality: A Primer

Would someone please remind the dumber Republicans among us that Jack Bauer is a fictional character?

Senior judges from North America and Europe were in the midst of a panel discussion about torture and terrorism law, when a Canadian judge’s passing remark – “Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’ ” – got the legal bulldog in [Justice Antonin Scalia] barking.

The conservative jurist stuck up for Agent Bauer, arguing that fictional or not, federal agents require latitude in times of great crisis. “Jack Bauer saved Los Angeles. … He saved hundreds of thousands of lives,” Judge Scalia said. Then, recalling Season 2, where the agent’s rough interrogation tactics saved California from a terrorist nuke, the Supreme Court judge etched a line in the sand.

“Are you going to convict Jack Bauer?” Judge Scalia challenged his fellow judges. “Say that criminal law is against him? ‘You have the right to a jury trial?’ Is any jury going to convict Jack Bauer? I don’t think so.”

I’m a writer. So let me explain something to conservatives about the creative process. When writers, you know, write, they control the outcome of the story line. They “play God,” as it were. That means they can do things like allow Jack Bauer to save Los Angeles, make terrorists cough up terror plot details under torture, save the girl tied to the train tracks, make the good guys win and the bad guys lose, give the nerdy guy the pretty girl, allow people to take multiple gunshot wounds and still not die, etc. etc. etc.

Now, here’s the tricky part: This is not real life. These are plot points and story devices based on imaginary situations and characters. Some of them may even be based on what we call archetypes, which is what Jack Bauer is: the lone hero archetype.

Real life is not fair, or easy, or black and white. Real life is hard. It’s not television.

And for you truly dumb Republicans out there, I’m sure this is gonna come up this summer, so let me get ahead of the game here: Bruce Willis is an actor. John McClane is a character in the Die Hard movies. These do not depict real incidents.

You might want to print this out and tape it to the bathroom mirror of your favorite conservative or Supreme Court Justice.

And now, I’m going to go bang my head on a wall.

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Filed under Antonin Scalia, Jack Bauer, media