Scalia and Constitutional originalism

DamnDirtyApe
Silver Member
DamnDirtyApe's picture
Posts: 666
Joined: 2008-02-15
User is offlineOffline
Scalia and Constitutional originalism

 "At a time when all society is trying to mainstream the mentally impaired, the Court permits them to be deprived of a basic constitutional right – for their own good," he says.

This is in regard to the new ruling (7-2) disallowing the mentally ill from acting as their own defense counsel.  The above is from Scalia's dissent.

What a fucking hypocrite.  He spends his entire career in the Supreme Court clutching to originalism like he does to his rosary beads (testicle reference?--even I'm not sure) and now he wants to jump on the side of modern society; this is about as transparent a fabrication of opinion as you can muster.  It's actually full blown sarcasm.  At least Catholic jurists are consistent.  Whether they keep the machines on for a decade after your brain stopped working or you're loudly accusing the proposition of poisoning your breakfast cereal, Dignity Never Matters.

 

"The whole conception of God is a conception derived from ancient Oriental despotisms. It is a conception quite unworthy of free men."
--Bertrand Russell


HeyZeusCreaseToe
Superfan
HeyZeusCreaseToe's picture
Posts: 675
Joined: 2008-02-27
User is offlineOffline
Scalia is the most

Scalia is the most hypocritical of all justices. Luckily for our sake, he will most likely be retiring in the next 8 years. As for this ruling, he never requires himself to justify rulings that directly refute his judicial philosophy. Most notably Bush V. Gore is supposed to be seen as a one time deal that shouldn't be viewed upon as creating a precedent....wtf? That is one of the things that the supreme court does, create precedents to which later rulings can refer back to.

As for dignity....I refer you to this.

Pinker on Dignity

“Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.” Yoda