Sunday, February 14, 2016

Brad DeLong — Scott Lemieux on How Nino Scalia Tried to Turn Jurisprudence into Partisan Professional Wrestling


Scott Lemieux:
"No discussion of Scalia’s legacy, for instance, can ignore the 2000 decision Bush v Gore, in which the court issued an essentially lawless decision awarding the presidency to the Republican candidate. Scalia did not write the opinion of the Court, but he wrote the more nakedly partisan opinion that preceded it and has defended it aggressively defended it in public ever since.… 
"…had Scalia’s dissents ultimately shaped America, women would not have reproductive rights, the federal government could not effectively regulate health care, LGBT people would not have the right engage in sexual intercourse without fear of arrest – let alone alone the right to marry – and states could single them out for legal disabilities. Women could be excluded from state educational institutions, public schools could teach creationism in science classes and prisoners could be assaulted by prison guards. And, in large part because of Scalia, in America today, the Voting Rights Act has been gutted, the rights of employees and consumers have been curtailed, Brown v Board is more likely to be used to stop integration than to promote it and moneyed interests increasingly dominate elections....
"In a very real sense, the 2016 elections will ultimately result in the confirmation or repudiation of the jurisprudence for which Justice Scalia most prominently advocated…"

Live from [Fill in the Blank:] Nino Scalio in... Wonkette: Antonin Scalia Has Magic Jesus Constitution: "Nino Scali...
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