tag:blogger.com,1999:blog-4425587034622601550.post2565764689101974617..comments2023-09-15T04:27:57.129-04:00Comments on Commentarama: Through The Legal Looking Glass--The Nine Gray EminencesAndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-4425587034622601550.post-39024314920465122942009-09-23T16:23:07.358-04:002009-09-23T16:23:07.358-04:00FBHink: I've seen snippets from those pieces....FBHink: I've seen snippets from those pieces. They did a very workmanlike job.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-12468696289859489842009-09-23T12:11:41.817-04:002009-09-23T12:11:41.817-04:00For those interested, there are a series of interv...For those interested, there are a series of interviews with Scalia at Uncommon Knowledge, a “TV” station of the National Review. Link: http://tv.nationalreview.com/uncommonknowledge/. Scroll down to March 16th to see the first of five.FB Hinkhttps://www.blogger.com/profile/04070980563164999574noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-83255355468370216952009-09-22T23:25:43.089-04:002009-09-22T23:25:43.089-04:00CalFederalist: His attitude is that the federal g...CalFederalist: His attitude is that the federal government should stay out of the business of the states unless the Constitution specifically says otherwise. The California Supreme Court found that the Proposition was in line with the provisions of the rights guaranteed in the California state constitution. The only federal right that could be raised is the nebulous equal rights provision. Scalia is most likely to find that the case was decided on adequate independent state grounds, and that marriage is not a right guaranteed by the federal Constitution. I see his vote as upholding California's ruling and the vote of the people.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-33646963075014582392009-09-22T23:11:47.558-04:002009-09-22T23:11:47.558-04:00It's good to hear that Scalia is averse to ext...It's good to hear that Scalia is averse to extending the requirements of the Fourteenth Amendment to the states beyond the basic rights (the Bill of Rights)instead of every subsequent amendment. How do you guess he will vote on California's gay marriage prohibition (Prop 8) as upheld by the California court?Unknownhttps://www.blogger.com/profile/02284025222779154243noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-3025413604812811192009-09-22T15:37:58.793-04:002009-09-22T15:37:58.793-04:00Tennessee: Thanks for the compliment and we misse...Tennessee: Thanks for the compliment and we missed seeing you on the site. Liberals like to see conservatives (and particularly conservative justices) in simplistic terms. The four conservatives on the Court may frequently vote together, but their separate reasoning is very sophisticated, and not exactly the same. Since liberals choose the result, then write their opinions to match, their opinions are far less sophisticated and mind-numbingly similar. Liberals love "nuance," yet it is the conservatives on the Court who actually demonstrate it. I'm glad I at least made some of those differences clear.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-14562391232795498472009-09-22T15:30:19.969-04:002009-09-22T15:30:19.969-04:00HamiltonsGhost: You're right. Scalia is a ve...HamiltonsGhost: You're right. Scalia is a very complicated and very intelligent constitutional scholar who has that unique ability to make his thoughts crystal clear to his fellow jurists as well as the average guy who just wants to know where he stands.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-1235898953076081112009-09-22T15:01:53.068-04:002009-09-22T15:01:53.068-04:00I really do enjoy these essays on the justices, Ha...I really do enjoy these essays on the justices, Hawk. After being away for a week, this was a treat. You have the wonderful ability to drill down to a perfect level of detail when defining the justicies' judicial outlook while still summarizing it in a manner easily read by non-lawyers. I can actually understand you differentiation between Scalia and, for example, Roberts and Alito. Bravo! <br /><br />Scalia has been a great appointment, simply great.Tennessee Jedhttps://www.blogger.com/profile/10604275115906776992noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-36350142528948125762009-09-22T14:26:44.288-04:002009-09-22T14:26:44.288-04:00Lawhawk--I couldn't help but notice your comme...Lawhawk--I couldn't help but notice your comment that he has a Hamiltonian approach to the Constitution. Jefferson and his allies were concerned (legitimately) that the federal government would become too strong if the Supreme Court became a political branch like the other two, anxious to expand its own power. The Warren Court proved their concerns were justified. Scalia is that prominent jurist who saw the original purpose--a strong, but limited central government. When the government overreaches, he opposes it. But he doesn't make the mistake of knee-jerk opposition to every new concept the government comes up with, so long as it doesn't violate the Constitution's basic principles.HamiltonsGhosthttps://www.blogger.com/profile/07777000856977635480noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-10442092675490277182009-09-22T14:20:41.120-04:002009-09-22T14:20:41.120-04:00ArmChairGeneral: That really is funny, isn't ...ArmChairGeneral: That really is funny, isn't it? That's the wit he's known for, and frequently shares with his fellow justices in his Ninograms.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-28510522500458823952009-09-22T13:42:22.962-04:002009-09-22T13:42:22.962-04:00WriterX: Excellent comment. You've captured ...WriterX: Excellent comment. You've captured in that one phrase "he is not bigger than his job" the exact meaning of the highest form of judicial temperament. He will write or join in an opinion that you know he personally hates because it's the right thing to do, given the law and the Constitution as they exist, not as he wishes they would exist.<br /><br />Andrew (and WriterX): We're all quite a fan club for Justice Thomas. I, too, prefer Thomas on a practical and visceral level, which may come from my history/political science undergrad years. But Scalia is, indeed, the true constitutional scholar.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-62863612777249979502009-09-22T13:33:51.449-04:002009-09-22T13:33:51.449-04:00StanH: Scalia is indeed a brilliant jurist, and p...StanH: Scalia is indeed a brilliant jurist, and part of that brilliance is that he exercises it, but he doesn't flaunt it. I have to say that I can understand his friendship with Ginsburg a bit better, only because one of my closest friends is a female who is so far to the left that she is almost on the verge of going over the cliff. And the fights we have over politics are considerably louder and less "judicial" than those between Scalia and Ginsburg. And I would trust her with my life.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-49229555615389435582009-09-22T13:33:40.496-04:002009-09-22T13:33:40.496-04:00I love that quote. "What is a moderate interp...I love that quote. "What is a moderate interpertation of the Constitution? Halfway from what it says and what you want it to say?"<br /><br />His is one of my favorites.Game Master Rob Adamshttps://www.blogger.com/profile/08198920658123610173noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-48908508589260023132009-09-22T11:48:42.601-04:002009-09-22T11:48:42.601-04:00Let me echo the thoughts of my esteemed colleagues...Let me echo the thoughts of my esteemed colleagues. I do like Thomas better on a practicle level as a conservative, but Scalia is a guy who really does do the job the way it was intended. He's one of the few constitutional scholars on the court.<br /><br />Thanks for the article Lawhawk.AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-54561521315412077222009-09-22T10:29:48.260-04:002009-09-22T10:29:48.260-04:00One of the things I love about Scalia is that thro...One of the things I love about Scalia is that through his actions he displays that he is not bigger than his job as Supreme Court Justice. In other words, it doesn't appear that he lets ego get in the way of his decisions or his relationships with the others on the Court. He shares that personality trait, I believe, with Thomas as well. Perhaps I'm reading into him more than I should but that has always been my perception of him as well.Writer Xhttps://www.blogger.com/profile/16505411188186283813noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-81361351236093187372009-09-22T10:10:46.834-04:002009-09-22T10:10:46.834-04:00Justice Scalia, is in my mind, the conservative an...Justice Scalia, is in my mind, the conservative anchor in the Supreme Court. A man who is unflappable in his beliefs. His reliance on stare decisis can sometimes be aggravating, but consistent. I like the way Thomas looks to “The Federalist Papers” for original intent, as a novice would be the place to look for understanding of what the founders meant. It’s just plain weird how he and Ginsberg are such good friends, as you stated, it must be his academic equal on the opposing side. I always enjoy listening and reading what he has to say, a seemingly brilliant jurist. Another great essay on The Men/Women in Black.StanHhttps://www.blogger.com/profile/07395708786509590321noreply@blogger.com