Wednesday, June 25, 2008

What's Wrong With the US Supreme Court - Start With Scalia


The highest court in any democratic state ought to be the preserve of the best legal minds in the country. It is the court of last resort. It is the court that has to weigh constitutional questions and define statutory enactments.

American presidents, it seems, have been pretty lax in their duty to select proper material for the nation's Supreme Court and Antonin Scalia is one clear example.

Scalia is the guy who goes duck hunting with Dick Cheney while a case against Halliburton is before him.

Now he's shown the depth of his juridical prowess by his asinine arguments that Guantanimo detainees should be denied the right to prove their innocence in federal courts. In the case of Boumediene v. Bush, Scalia wrote, "At least 30 of those prisoners hitherto released from Guantanamo have returned to the battlefield."

Now just where did Mr. Justice Scalia get that pearl of factual wisdom? The Seton Hall Law Center for Policy and Research answers that:

"The statistic was endorsed by a Senate Minority Report issued June 26, 2007, which cites a media outlet, CNN. CNN, in turn, named the DoD [Department of Defense] as its source. The '30' number, however, was corrected in a DoD press release issued in July 2007, and a DoD document submitted to the House Foreign Relations Committee on May 20, 2008, abandons the claim entirely."

So, if it comes straight from the mouth of Wolf Blitzer, Scalia is able to take judicial notice of it, to treat it as fact upon which to base a judgment? This guy is a never ending disgrace to his bench and yet he just keeps going on like that battery bunny. If he had a shred of integrity he'd resign because he's repeatedly shown himself unfit to serve.

12 comments:

Joseph said...

Yes, just as you always have a running gaggle of politicians who know they have superior judgment than all others, there are always judges who are convinced they are the true source of justice in all the world because of their innate and infallible legal compass.

Just ask them, and they will tell you so.

Unfortunately, Scalia has become the patron saint of our generation in this regard.

Incidentally, in real life among the mortals, such a person is regarded as a pompous jackass, but to their ears, that sounds like a compliment they gladly don.

Johnathon said...

This is a perfect example on why you jealous liberals are so mentally ill.

On Monday night, a 24 year old in Toronto was found guilty of executing another Toronto man.

This guy was out on 2 bails for gun possession and cocaine possession. Guess what. He was released to kill another human being.

Where are the posts about this judge who released him to kill someone.

Why does the mound of sound care only about America's judges, while refusing to comment on his own country's judges.

What the fuckis your problem and why are you so fucking ignorant.

Worry about your own backyard prick , and get rid of that jealousy you have towards the greatest country on the planet.

Why have you not posted anything about this issue.

Joseph said...

Why do you assume that wanting justice for violent criminals is somehow exclusive of wanting to ensure that rights to a fair trial and the rights of the accused to publicly confront the evidence against them are somehow mutually exclusive?

And how does wanting some blow-hard who claims to be uniquely blessed to decipher the "true original" meaning of the constitution when he in fact is just enfocing his own morality in his rulings mean that one could not also want gun-toting criminals tossed behind bars?

Taking a page from your colorful expressions, what the fuck is wrong with wrapping your head around that concept?

Johnathon said...

My point is that the mound of sound has NOT put up a post about the evernts in Toronto which matter to Canadians, instead trying to bash the USA.

Who gives a fuck what happens in the USA, this is Canada.

So I ask again, why has the mound of sound chose to talk about Alito and not the judge that let out the killer form Toronto.

Why is that?

LeDaro said...

Johnathon,
"...and get rid of that jealousy you have towards the greatest country on the planet".

It is not jealously. Since it is "the greatest country on the planet" whatever it does effects the whole planet and us all. Bush invaded Iraq and we are in it to our eyebrows is one example.
Justice Scalia seems trying to please his Republican bosses.

Moreover, he is so interested in making more money. He wrote certain book and was going all over the country to sell his book. That is odd for a justice of "the greatest country on the planet". I think he gets enough compensation that he does not need to subsidize his income. Look at the number of ways he is trying to make money:
Bong Hits for Justice Scalia Yellow T-Shirt $20.99 - CafePress.com
Scalia Dissents: Writings of the Supreme ... $22.36 - Barnes & Noble.com
The Jurisprudential Vision of Justice ... $29.95 - Amazon.com

Is this not a conflict with his duties as an impartial judge?

ScruffyDan said...

Everyone, even the scum of humanity deserves a fair trial. The fact that someone is accused of terrorism should not, can not erode that right.

Scalia's use information gleaned from CNN is absurd. Scalia should limit himself to the evidence presented at trial.

The Mound of Sound said...

Johnathon, are you hammered yet again? There are social services that will help you with that, simply reach out to them. Why haven't I posted anything about some Toronto judge? What makes you think I have the slightest obligation to post anything on topics just because they infuriate you? Stop drinking Johnathon, it's making you sound ludicrous.

Anonymous said...

Maybe what J was trying hard to aski is, you've commented before on this blog about Harper and the Cons running roughshod over judges. They question judges and would like more accountability for judges..you've called that roughshod. I'm a little confused too, you think that he should resign because you dont like how he acts and how he comes to a decision, yet, if any Con MP said that same sentence you would be in full "redneck/neo-con" attack mode.
billg

Mentarch said...

And lets not forget that Scalia is the most likely to head SCotUS eventually ...

That is something no one should be looking forward to.

Anonymous said...

I'd like to know why you people here on these comments think the US is the greatest country in the world......not so. if you are talking about money and power maybe so...but they are lacking otherwise.

LeDaro said...

I agree that is why I put it in commas. It has the biggest military muscle but not money anymore when it borrows from China for its budget. Military is faltering too.

Fish said...

The US is the greatest country in the world eh? J, you seriously need to take Mound's advice.