Category Archives: supreme court
Living Breathing Constitution
Scalia once said, “The constitution is not an organism. It’s a legal text.” He didn’t believe in a living breathing constitution. Obama does.
Alive or dead, the constitution gives Obama the right to appoint a successor to Scalia. It also gives the Senate the right to ignore him or turn him down. Obama agreed with that back when he was opposed to executive overreach. As a senator, he called Alito un-American and filibustered Bush’s appointment of him.
At the time, Obama told ABC News that he supported the filibuster”because I think Judge Alito, in fact, is somebody who is contrary to core American values, not just liberal values.” Obama said the court needed to “provide some check on the executive branch, and he has not shown himself willing to do that repeatedly.”
Could be a campaign theme. Here’s Joe Biden with the 2012 campaign theme.
High Stakes Supreme Court Seats
The next president could fill three Supreme Court seats. Daniel Henninger in the WSJ says Scalia’s death has raised the stakes of the election. He expects it to “concentrate the mind”. “The great sobering up has begun,” he says.
Scalia and Casey Martin
Here’s a good one from The Federalist about Scalia’s dissent in the Casey Martin case.
Martin was a disabled professional golfer who wanted to ride in a cart. The PGA rules say players must walk. The court ruled walking isn’t essential to golf and ordered the PGA to let Casey ride.
Scalia dissented. He said the rules of games are arbitrary. That’s what makes them games. He wanted to know where the court got off deciding which rules are essential?
Or something like that – Scalia was wittier.
I drew this cartoon after the court ruled Bush beat Gore in the 2000 election.
Mantle of Justice Scalia
On the night Justice Scalia died Republican candidates tried to grab his passing coattails.
During Saturday’s Republican debate Rubio and Cruz said the next president should appoint Scalia’s replacement.
Trump said it was up to Mitch McConnell to block a vote.
Justice Scalia
Kasich said, “It’s not even two minutes after the death of Justice Scalia. I just wish we hadn’t run so fast into politics.”
Kasich also said, “Jeez-oh-man.”
