Why Antonin Scalia Disgraces The Supreme Court And The Country

From The Progressive, reporting on Supreme Court Justice Antonin Scalia’s comments on 60 Minutes:

[Scalia] told 60 Minutes that torture should not be considered cruel and unusual punishment. “Has anybody ever referred to torture as punishment? I don’t think so,” Scalia told Lesley Stahl. A policeman may be “hurting you in order to get information from you,” Scalia said. But “you don’t say he’s punishing you.”

If John McCain wins the White House, expect more crap-for-brains nominations like Scalia to the Court. And expect a return to the police torture tactics used by groups of thugs like the old Chicago city police back in the Fifties and Sixties. After all, some of the folks trained in the torture techniques of the Republican Bush administration will be getting home and looking for work.

11 Responses

  1. What do they teach at American law schools?!!

    He’s got the legal argument backwards: corporal punishment isn’t always torture but State sanctioned torture is always corporal punishment.

    What a moron!


  2. We prefer to call our morons Conservatives. 🙂

    Perhaps Scalia is enamored of Cartesian duality, which would be suitable for a mind still living way far in the past.


  3. Politics aside, this man is a moron. I’ve seen another one of his judgements – a dissenting opinion on Guantanamo – he sounds like a right wing talk show host. He doesn’t even have a grasp on basic concepts like natural justice but I assume he’s passed a State bar examination, at some point. It doesn’t show.


  4. And yet the wingnuts consider him a brilliant legal scholar. Like most of their heroes he is seriously disconnected from reality.

    It’s possible he passed the bar in the State of Confusion (not to be confused with the Chinese fellow of long ago).


  5. He’s a strict textualist and originalist – he believes in a strict literalistic interpretation of law, in other words he’s a fundamentalist. It’s a moronic approach to jurisprudence. Basically he’s making it up as he goes along. What an embarrassment that this moron is of Sicilian descent!


  6. If Scalia were the only problem, I’d rejoice. Unfortunately, while Scalia is the most vocally wingnut, Thomas, Alito and the very scary (because he couches his bullshit in such moderate sounding language and because he’s likely to be on the bench for 30 years) Chief Justice Roberts, all represent a near solid block of votes.

    As I told some friends yesterday – isn’t it strange that our Constitution may be saved by a 72 year old, white, conservative, male, Reagan appointee? Anthony Kennedy has been the deciding vote on more than a few critical issues, including the recent habeas corpus defense.


  7. steph –

    Yeah, my Sicilian half cringes when I hear his name. The Abbruzzese half just gets disgusted and spits.

    evo –

    Those four would be the first to go under The Lion’s regime, that is, after Bush and Cheney. Six for Gitmo!


  8. steph –

    Especially since, as I understand it, the founders wrote the Constitution understanding that it would change as time went on. I doubt that they envisioned it being shredded by idiots.


  9. It’s an amusing argument. Republicans are such clever wordsmiths. I love his example, “you don’t say he’s punishing you”. Well of course you don’t, because “punishment” implies guilt and that you deserve it. No one would say they’re being punished when they want to establish themselves as victims. This is how they get away with exploiting the word “theory” and establishing terms like “pro-life”. So clever.

    It is a frightening thought to think of McCain winning and making nominations. I’ve been harping on that for awhile. Look at all the 5-4 victories over Bush like the recent habeas corpus issue for Gitmo. We’re hanging by a thread, and that thread is in his 80s I think.


  10. The thought that Roberts, Alito, Scalia, and that lump of uselessness, Thomas, are going to be deciding crucial issues for this country for decades is frightening enough in itself. That McCain would appoint a couple more like them would have Hitler and Stalin cheering from their graves, and bin Laden declaring final victory and the final death of America.

    You just know bin Laden is rooting for McCain. Little Johnny ‘Bomb-Bomb’ will carry bin Laden’s water even more effectively than Boy Emperor Bush has done.


  11. Philly –

    You might be interested in a book called ‘Unspeak’ by Steven Poole, and one called ‘The Political Mind’ by George Lakoff.


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