Lawyer Says Scalia Can Vote from The Grave

[kairos12]

http://www.rawstory.com/2016/02/wtf-arizona-lawyer-says-scalia-can-vote-from-the-grave-to-keep-supreme-court-conservative/
snip:
Anti-government attorney Kory Langhofer argued over the weekend that the Supreme Court could continue to decide cases 5-4 in favor of conservatives after the death of Antonin Scalia because the deceased justice could effectively cast votes from the grave.

“There’s no Ouija board required to figure out how Justice Scalia would vote on these things, he’s already voted,” Langhofer told KPNX during a panel discussion on Sunday. “We’re at the second-to-last step in how these cases unfold when Justice Scalia died.”

Nothing new here. Thomas has appeared dead, brain or otherwise, on the bench for 20 years.

[blm]

1. heh….

yeah, but, now what's he gonna do without Scalia's arm up his butt and making his mouth move? Has Alito offered his arm?

[merrily]

2. Elections supposedly have consequences. Not so much anymore though. Death is supposed to have

consequences, too.

[sharp_stick]

3. Why not keep his ghost

there from now on? Anyone could predict that pricks vote 97% of the time so just vote for the rich guy in the case and be done with it.

I'm loving the near panic in the right wing with this assholes death. It's very entertaining.

[gratuitous]

13. It's like they thought he'd never die

Republicans, you really need to have a Plan B or two. Dumbasses.

[Erich Bloodaxe BSN]

4. Not the Onion? nt

[napi21]

5. Why do you suppose EVERY OTHER ATTY. I'VE HEARD said the exact opposite?

The LAWS state that a justice must be present at the hearings (arguments) AND the release of the decision for their vote to count. That's one reason there's no need to insist on a replacement immediately. The only cases the replacement would be able t vote on are those that haven't been heard by the court, and I think most of the controversial ones have already been heard.

[former9thward]

7. Which LAWS say that?

Please cite to them. Hint: There are no LAWS about this.

[napi21]

23. I don't know the law, but here are two sources I was relying on.

http://dailycaller.com/2016/02/13/supreme-court-antonin-scalia-questions-next/


(clip)
What happens to existing Supreme Court cases? Are they stopped until the Supreme Court is back to full strength?

The Supreme Court will continue to accept, hear, and rule on cases like normal, despite its shorthanded status. Importantly, any vote Scalia made on cases that haven’t come to a decision issued are now void, meaning some 5-4 cases could potentially be turned into 4-4 ties.


Read more: http://dailycaller.com/2016/02/13/supreme-court-antonin-scalia-questions-next/#ixzz40wihDZ1O

http://nypost.com/2016/02/14/scalias-death-could-void-supreme-court-decisions/

(clip)
The loss of Justice Antonin Scalia will have an immediate impact on the Supreme Court.

Votes that Scalia has cast but which have not yet been made public will be voided if the justice’s vote is a deciding one, according to legal experts.

“If there was a case where there was a 5-4 decision, and he was that fifth vote — but they hadn’t issued their opinions yet, that will have to be a do-over,” explained Carrie Severino, chief counsel for the conservative Judicial Crisis Network.

However, upcoming votes in which the court will now be split 4-4 will still be heard.

[former9thward]

24. The point is that those are self-imposed rules

made by the SC themselves to govern their procedures. They can change them at anytime and for any reason.

[rpannier]

26. To do that would likely take 5 justices (or more) to agree

The odds are 4:4 that it won't happen

[napi21]

27. I agree. It MAY take more than that.

I have no idea, but look at what our dear senate demands...60%.

[Rex]

6. Then who is going to sign for him? I mean, sure I expect the average cray cray spewing

GOP will not have a problem with this 'logic'. So will anti-government attorney Kory Langhofer do it? Someone will have to and then pen as his ghost ghost writer.

[WillowTree]

8. Never happen.

[IDemo]

9. So he's proposing SC voter fraud? n/t

[Gothmog]

10. The GOP really wants to keep Scalia's seat from being filled

One of the downsides to not filling Scalia's seat it the number of close cases that will work out in favor of the same members of the court

[AxionExcel]

11. "I vote to countermand everything Dead Tony & his RepubliFascist buddies vote for." - TM

[kairos12]

12. I still choke on Thomas replacing him.

[MineralMan]

14. No. He can rot in his grave.

Thanks, but no thanks.

[Proud Liberal Dem]

15. Hmmmm

So, by that logic, we should be having all the deceased SCOTUS Justices vote from the grave until their replacement is confirmed?

[rexcat]

16. But Scalia only had a life-time appointment...

to the SCOTUS. Once he died he essentially turned in his resignation.

[meow2u3]

21. Now baggers are demanding PERPETUAL judicial appointment for RW corrupt judges

Lifetime isn't long enough for them to inflict their atrocities on the people.

[Octafish]

17. No Ouija required!

[kairos12]

20. Brooks Brothers zombie riot.

[Octafish]

22. Zombie Just Us

Scalia once lobbied Obama advisor to have Elena Kagan nominated to the Supreme Court

BY CNN WIRE, FEBRUARY 15, 2016

When the shocking news of Justice Antonin Scalia’s passing hit Saturday night, my mind raced back to a White House Correspondents Association dinner seven years ago, when we were seated together.

We bantered about my hometown of Chicago, where he had taught law before ascending to the bench. He opined on wine and music and generally lived up to his reputation as a man who told and enjoyed a good story.

And then our conversation took an unexpected turn.

Justice David Souter, Scalia’s longtime colleague on the court, had just announced his retirement, creating a vacancy for President Obama to fill. Scalia figured that as senior adviser to the new president, I might have some influence on the decision — or at least enough to pass along a message.

“I have no illusions that your man will nominate someone who shares my orientation,” said Scalia, then in his 23rd year as the court’s leading and most provocative conservative voice. “But I hope he sends us someone smart.”

A little taken aback that he was engaging me on the subject, I searched for the right answer, and lamely offered one that signaled my slight discomfort with the topic. “I’m sure he will, Justice Scalia.”

He wasn’t done. Leaning forward, as if to share a confidential thought, he tried again.

“Let me put a finer point on it,” the justice said, in a lower, purposeful tone of voice, his eyes fixed on mine. “I hope he sends us Elena Kagan.”

CONTINUED...

http://wtkr.com/2016/02/15/scalia-once-lobbied-obama-advisor-to-have-elena-kagan-nominated-to-the-supreme-court

I wonder how Scalia feels about keeping Don Siegelman in the pen?

[Initech]

18. Zombie voting? Is this how the zombie apocalypse starts?

[KentuckyWoman]

19. I actually agree with Kory Langhofer on this one.

If Scalia is able to appear in person to the voting booth with his ID card issued by the state only after providing his long form birth certificate, proof of citizenship, and 3 utility bills from his current address then he's welcome to cast a vote just like the rest of us.

There's no reason a dead guy can't vote just so long as he is treated equally and fairly the same as any other good red blooded proven beyond all doubt American (not Mexican) voter.

Amen and Alleluia.

[NightWatcher]

25. Let's take this to its logical end. We know how the Original Supremes would've voted

So we can send the remaining 8 home for good. All we need are historians to tell us who they were and how they would've done it.

Why should Ant be the first to be Supreme in Perpetuity?

[nadinbrzezinski]

28. In recent years I havre read more than one decision from the court.

meaning I have read Scalia (and damn the man could write! Even if I did not agree with him most of the time. There was one he wrote for the majority that flored me, but as his clerks have pointed out, when the law won and was for the liberal side, he did split that way) So who exactly is going to write those decisions? Somehow I suspect Zombie Scalia will not be nearly as good with a pen... but I am willing to give it a whirl... I want to know how good a dead man can write.