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In reply to the discussion: Justice Scalia Makes Epic "Cringeworthy" Blunder In Supreme Court Opinion [View all]Gothmog
(144,919 posts)119. This was a major screwup or mistake by Scalia
This was a major screwup by Scalia http://talkingpointsmemo.com/dc/antonin-scalia-blunder-unprecedented-epa
Justice Antonin Scalia's factual error in a dissenting opinion Tuesday has become the talk of the legal community as experts puzzle over the extraordinary nature of the Reagan-appointed justice's blunder, which the Supreme Court quietly corrected as of Wednesday morning.
It's common for the Supreme Court to make typographical corrections and insubstantial edits to a decision after its release. But it's exceedingly rare to see a factual error that helps form the basis for an opinion. Legal experts say Scalia's mistake appears to be wholly unprecedented in that it involves a justice flatly misstating core facts from one of his own prior opinions.
"This is a topic I know fair amount about, and I do not know of any other instance when a Justice has mischaracterized one of his own prior opinions, let alone in such a loud fashion and when he is otherwise criticizing others for their blunders," said Richard J. Lazarus, a Harvard law professor. "I strongly doubt it has ever happened before."
I do not remember seeing the SCOTUS ever make a major change to an already released opinion
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Justice Scalia Makes Epic "Cringeworthy" Blunder In Supreme Court Opinion [View all]
kpete
Apr 2014
OP
There's an ''implied'' mental competency requirement, (Constitutional), but not a test.
DeSwiss
Apr 2014
#91
I am reminded of one of the reasons that the Framers of the Constitution
Fortinbras Armstrong
Apr 2014
#43
they really DO think they're that much smarter than us--note the setup in Atlas Shrugged:
MisterP
Apr 2014
#72
Scalia needs to retire before more goofs and bad decisions become the norm....
northoftheborder
Apr 2014
#2
Actually in the last several years he has been acting much more irrationally then usually. I
lostincalifornia
Apr 2014
#4
Is there recourse in the Constitution for a SC Justice if they really become mentally unstable?
The Wielding Truth
Apr 2014
#20
If "cringeworthy" were an impeachable offense Scalia and Thomas would both be gone.
yellowcanine
Apr 2014
#38
Wasn't it Scalia who criticized Marshall for not meeting the standards of the SCOTUS? nt
kelliekat44
Apr 2014
#28
Since Scalia authored the opinion that he was mistaken on means he has no concept of what he's doing
hue
Apr 2014
#37
A point left out is that Justice Thomas and his clerks totally missed it as well.
Dustlawyer
Apr 2014
#57
Though I disagree with much about many of Robert's decision, I would not group him with scaila,
lostincalifornia
May 2014
#117
His selection by St. Ronnie of Rayguns was the original declaration of war on civility in govt IMHO
corkhead
Apr 2014
#60
So does this mean that just by keeping his mouth shut, Clarence is the smart one? n/t
A Simple Game
Apr 2014
#65
The nomination and confirmation of Anton Scalia as a Supreme Court Justice surely is one of this
indepat
Apr 2014
#80
What "should be" and what realistically can be done are two very different things...
markpkessinger
Apr 2014
#105
Same way that they got across corperate personhood back in the day, wasn't it?
JackInGreen
May 2014
#116