Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

dballance

(5,756 posts)
4. A Time When Scalia was Correct
Sun Sep 1, 2013, 09:50 AM
Sep 2013

In Scalia's scathing dissent on the DOMA ruling he predicted the other shoe would drop. He was correct. The DOMA decision at the Supreme Court level most certainly paves the way for challenges to local and state laws that still criminalize or deny the validity of same-sex unions.

The arrogant bastard, Scalia, though, finds no irony in saying in his DOMA dissent that the Court doesn't have the power to decide the case and that it was "Jaw-dropping." “That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive,” he wrote, adding that the framers of the Constitution created a judicial branch with limited power in order to “guard their right to self-rule against the black-robed supremacy that today’s majority finds so attractive.”

Yet just some months later it was apparently appropriate for the Court to use some "Black-robed supremacy" to invalidate sections of the Voting Rights Act enacted by the congress, the peoples' representatives and the Executive, with unanimous or near unanimous votes.

Scalia is the epitome of an activist jurist. He finds no irony or hypocrisy in his blatant votes to effect his world view upon the citizens and despite the laws passed by their representatives while, at the same time, he rails against the more liberal side of the court for doing so.

Fortunately for history's sake his rants are preserved and will be used and reviewed in the future just as the many decisions that favored segregation or the other oppressions of minorities before the 14th Amendment and before the Civil Rights Acts are now ridiculed as partisan efforts to keep the status quo no matter how repugnant it was.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»Alliance Forums»LGBT»IRS Decides on married ta...»Reply #4