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kpete

(71,978 posts)
Tue May 15, 2012, 05:14 PM May 2012

Scalia Turns Advocate Against Obama as Queries Criticized

Source: Bloomberg

Scalia’s tone this year, particularly in cases involving the Obama administration, is raising new criticism over the temperament of a justice who has always relished the give-and- take of the Supreme Court’s public sessions. Some lawyers say Scalia, a 1986 appointee of Republican President Ronald Reagan, is crossing the line that separates tough scrutiny from advocacy.

“His questions have been increasingly confrontational,” said Charles Fried, a Harvard Law School professor who served as Reagan’s top Supreme Court advocate. While the justice has always asked “pointed” questions, in the health-care case “he came across much more like an advocate.”

Scalia’s approach is fueling the perception that the biggest cases this term, including health care, may be influenced by politics, rather than the legal principles that he and other justices say should be their guide. A Bloomberg News poll in March showed that 75 percent of Americans think the court’s decision on the 2010 law will be based more on politics than on constitutional merit.

................

“It’s disturbing to see a justice use oral argument as a platform for expressing the talking points that you hear each night on Fox News,” Kendall said. “I can’t think of a serious question that he posed in either argument suggesting that he was open to have his mind changed.”

Read more: http://www.bloomberg.com/news/2012-05-15/scalia-turns-advocate-against-obama-as-queries-criticized.html

41 replies = new reply since forum marked as read
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Scalia Turns Advocate Against Obama as Queries Criticized (Original Post) kpete May 2012 OP
Scalia will go down as one of the worst wilt the stilt May 2012 #1
I think our generation has seen the top three. Baitball Blogger May 2012 #5
It's a big Four Jack Rabbit May 2012 #10
the firm of RobertsAlitoThomasScalia, aka/dba R.A.T.S. alterfurz May 2012 #28
FTW yodermon May 2012 #34
Yes, he should NEVER have been appointed - he's dangerous Rosa Luxemburg May 2012 #16
Every time Scalia opens his mouth 47of74 May 2012 #2
And Everyone Will Be SHOCKED!! SoCalMusicLover May 2012 #3
Yup. It's done and dusted...it would only qualify as 'news' if they upheld it... truebrit71 May 2012 #8
When their judgement is announced, ... aggiesal May 2012 #11
are "respect" and "credibility" relevant anymore? 0rganism May 2012 #27
Never under estimate . . . aggiesal May 2012 #29
This message was self-deleted by its author aggiesal May 2012 #30
You mean just like they did with Citizens United? I fear they don't care how obvious Dragonfli May 2012 #38
And Health Care Reform Will be Dead for Another 20 Years AndyTiedye May 2012 #14
If they overturn the ACA then I will do everything in my power to ensure that the scenario you... stillwaiting May 2012 #36
And Most of Us Will Still be Giving Aetna or UHC Even More Each Month in Health Insurance Premiums AndyTiedye May 2012 #37
I disagree. Scalia (this PR article really) is softening the blow when his vote is revealed underpants May 2012 #15
The man is so over the top. Baitball Blogger May 2012 #4
Scalia likes to play God. I don't think he is asjr May 2012 #6
impeach scalia, thomas, roberts & alito qb May 2012 #7
To bad that we can't impeach Scalia's Pakid May 2012 #9
Scalia and Thomas should both be impeached The Wizard May 2012 #33
Follow the money. secondvariety May 2012 #12
The fevered five -- Scalia, Thomas, Alito, Roberts and Kennedy JDPriestly May 2012 #17
Should have been impeached over Bush v. Gore Doctor_J May 2012 #13
He should have recused himself over the health care plan. How in the world can he not be bias when Auntie Bush May 2012 #18
OH NO, I think Scalia was totally worried that he might be required to eat broccoli. rgbecker May 2012 #19
Are there any geriatric specialists watching this court? The old R's are unlikey to resign until L. Coyote May 2012 #20
I think they should amend the constitution and have a ten year one time only term for all Federal WCGreen May 2012 #21
he was paid for the decision he is going to make... madrchsod May 2012 #22
Ugh, she ain't no trophy, unless rusty fender May 2012 #41
"Turns"? n/t Canuckistanian May 2012 #23
Scalia should be impeached. Period. Zoeisright May 2012 #24
RATS have made a living hell goclark May 2012 #31
but what is ever really done about it glinda May 2012 #25
He is a blight on our court and our nation. progressoid May 2012 #26
He is the worst justice since Taney. Odin2005 May 2012 #32
Scalia has pretty much always been this way DFW May 2012 #35
He needs to be impeached dbackjon May 2012 #39
Nevermind his bullshit nutfuckery partisanshit, what about his conflict of interest in cases in lonestarnot May 2012 #40
 

wilt the stilt

(4,528 posts)
1. Scalia will go down as one of the worst
Tue May 15, 2012, 05:19 PM
May 2012

juror's in history. Blatantly political and activist. He should have never been appointed.

 

SoCalMusicLover

(3,194 posts)
3. And Everyone Will Be SHOCKED!!
Tue May 15, 2012, 05:23 PM
May 2012

When the decision against the health care law comes back 5-4 against, completely along political lines, it will be BREAKING NEWS.

The only breaking news for me will be if they uphold the law. They never had any intention of doing that. They didn't even need to waste their time hearing arguments. This case was decided the second they took it.

People will be so shocked and surprised, but I'm not sure why.

aggiesal

(8,908 posts)
11. When their judgement is announced, ...
Tue May 15, 2012, 05:48 PM
May 2012

I believe their logic is going to be so twisted to meet their pre-determined outcome,
that they will lose all respect and credibility.

0rganism

(23,933 posts)
27. are "respect" and "credibility" relevant anymore?
Wed May 16, 2012, 12:55 AM
May 2012

I'll bet you most of the people in this country can't even name the current justices, let alone make any coherent statements about their relative integrity. We The People just don't give 2 shits anymore as long as we get ours, and we're reaping the rewards of our indolence every day.

aggiesal

(8,908 posts)
29. Never under estimate . . .
Wed May 16, 2012, 10:17 AM
May 2012

the stupidity of the American electorate.

In all honesty, I don't believe any time in history,
the majority of the electorate could name the members
of the Supreme Court.

But, they know all the important stuff like,
they can name all the winners of American Idol !!!

Response to 0rganism (Reply #27)

Dragonfli

(10,622 posts)
38. You mean just like they did with Citizens United? I fear they don't care how obvious
Wed May 16, 2012, 04:58 PM
May 2012

Their political over Judicial loyalties become.

They even at times appear to take pride in it.

The only hope we have is if the Insurance lobby that wants the mandate (only without regulation) has enough clout as a corporate voice to demand they allow the mandate.

It is down to if they are more loyal to Republicans running for office or the Corporations they both serve, that is the real battle of their involvement in this decision even if few see it, or see it but prefer to ignore it.

AndyTiedye

(23,500 posts)
14. And Health Care Reform Will be Dead for Another 20 Years
Tue May 15, 2012, 06:15 PM
May 2012

All the pre-existing condition exclusions will be re-instated, premiums will go up even faster than before, since the insurance companies will have NO fear of regulation after this, since the Supreme Court has their back!

stillwaiting

(3,795 posts)
36. If they overturn the ACA then I will do everything in my power to ensure that the scenario you...
Wed May 16, 2012, 02:21 PM
May 2012

...describe does not come to pass. I will not accept 20 more years without SIGNIFICANT health care reform in this country.

I think I will be joined by many, many others too in a movement that simply will become impossible to ignore. A movement that will spring up faster than most would believe possible I believe.

It's for THAT reason that I think the Supreme Court will uphold the ACA.

I know it doesn't seem like it with all of the political theater we're surrounded by currently, but if I had to bet on the outcome today, I'd bet they allow the ACA to remain law.


AndyTiedye

(23,500 posts)
37. And Most of Us Will Still be Giving Aetna or UHC Even More Each Month in Health Insurance Premiums
Wed May 16, 2012, 03:17 PM
May 2012

…than we could possibly afford to contribute to our side.

If they want spend more, they can just raise our premiums to cover it. With ACA overturned, they can spend that money however they want. (ACA requires that 85% be spent on actual health care).

underpants

(182,717 posts)
15. I disagree. Scalia (this PR article really) is softening the blow when his vote is revealed
Tue May 15, 2012, 06:58 PM
May 2012

Scalia had to have voted for it or his entire career becomes a complete joke

http://www.democraticunderground.com/101620917

qb

(5,924 posts)
7. impeach scalia, thomas, roberts & alito
Tue May 15, 2012, 05:32 PM
May 2012

any or all of the above.
I say this half-heartedly because I know it will never happen.

Pakid

(478 posts)
9. To bad that we can't impeach Scalia's
Tue May 15, 2012, 05:35 PM
May 2012

Or can we It could not hurt to put up an on line petition against him!

The Wizard

(12,541 posts)
33. Scalia and Thomas should both be impeached
Wed May 16, 2012, 11:11 AM
May 2012

for not recusing themselves in Bush v Gore. There were clear conflicts of interest. Scalia's son worked for the law firm representing Bush and Thomas' wife was on the Bush transition team.
Scalia also ruled on a case involving his personal friend, Dick Cheney.
For eight long years the United States was ruled by an international crime cartel because Scalia issued a stay effectively ending the Florida recount. He then voted to install the figurehead of the Bush crime family.
The next three generations will be forced to pay for the electoral theft engineered by Antonin (Nino the Fixer in the Nixon White House) Scalia. He's the driving force behind the most corrupt group of jurists ever assembled. They make Caligula look transparent and they have compromised jurist prudence for years to come. Citizens United and Bush v Gore are two decisions that will live in infamy.

JDPriestly

(57,936 posts)
17. The fevered five -- Scalia, Thomas, Alito, Roberts and Kennedy
Tue May 15, 2012, 08:06 PM
May 2012

vie for speaking engagements on the wealthy right-wing vaudeville circus. For them, it is about flattering and entertaining their really, really rich friends.

 

Doctor_J

(36,392 posts)
13. Should have been impeached over Bush v. Gore
Tue May 15, 2012, 06:06 PM
May 2012

and for not recusing himself from cases involving Cheney. He's as corrupt as any SCOTUS justice has ever been.

Auntie Bush

(17,528 posts)
18. He should have recused himself over the health care plan. How in the world can he not be bias when
Tue May 15, 2012, 08:15 PM
May 2012

he and that wife are going around actively campaigning against it?

rgbecker

(4,823 posts)
19. OH NO, I think Scalia was totally worried that he might be required to eat broccoli.
Tue May 15, 2012, 09:09 PM
May 2012

Of course he takes his work seriously....comtemplating the hard questions in life.



<sarcasm>

L. Coyote

(51,129 posts)
20. Are there any geriatric specialists watching this court? The old R's are unlikey to resign until
Tue May 15, 2012, 09:14 PM
May 2012

after Obama's second term.
I like the saying "People don't change, the old ones die."

But I worry that old politicians and judges do change, as do other elderly people, slowly moving towards dementia.

WCGreen

(45,558 posts)
21. I think they should amend the constitution and have a ten year one time only term for all Federal
Tue May 15, 2012, 09:27 PM
May 2012

Judges.

Ten years on the bench and then either to a high court or back to private practice...

madrchsod

(58,162 posts)
22. he was paid for the decision he is going to make...
Tue May 15, 2012, 10:09 PM
May 2012

silent clarence had his trophy wife hand him the money

these guys were bought and paid for as soon as obama won the presidency.

roberts isn`t going to like it but his court will go down in history as one of the most corrupt in our history

i`m not sure that`s what he had in mind when he got the job.

DFW

(54,325 posts)
35. Scalia has pretty much always been this way
Wed May 16, 2012, 12:52 PM
May 2012

Unfortunately this is not news. Scalia is about as fair and balanced as Fox "News," and
his votes are as predictable as the sunrise.

Reagan's legacy is one the keeps on putrifying.

 

lonestarnot

(77,097 posts)
40. Nevermind his bullshit nutfuckery partisanshit, what about his conflict of interest in cases in
Wed May 16, 2012, 10:26 PM
May 2012

which he failed to recuse himself?

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