The Twilight of Antonin Scalia

[kpete]

The Twilight of Antonin Scalia
The conservative hero's fiery 2012 dissent on same-sex marriage could be his most influential opinion—but not in the way he intended.

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Scalia may have outdone himself in his 2013 dissent in the case of United States v. Windsor. For years, he has been unrelenting in opposing constitutional protections for gays and lesbians. In his 2003 dissent in Lawrence v. Texas, Scalia warned darkly that the Court majority “has largely signed on to the so-called homosexual agenda” even though “many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children’s schools, or as boarders in their homes.”

In Windsor, the Court’s majority struck down Section 3 of the Defense of Marriage Act, which forbade federal recognition of same-sex marriages that were legal under state law. In an opinion by Justice Anthony Kennedy, the majority concluded that its “purpose and effect” were “to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.”

The opinion was the triumph of the “homosexual agenda” Scalia had denounced. The majority opinion, Scalia wrote in a slashing dissent, meant the end of state laws restricting marriage to opposite-sex couples:

The real rationale of today’s opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by “‘bare ... desire to harm’” couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.


the rest:
http://www.theatlantic.com/politics/archive/2014/08/the-twilight-of-antonin-scalia/378884/
In retrospect, Scalia’s choice of words may have been a mistake.


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Scalia Cited In Yet Another Ruling For Gay Marriage
about an hour ago Yet another federal judge has cited Justice Antonin Scalia in a decision striking down a gay marriage ban

-- Read More ?
http://talkingpointsmemo.com/livewire/scalia-cited-gay-marriage-ruling

[BaggersRDumb]

1. Arent the 4, maybe 5 rightwing pricks going to hear VA case and maybe go after

the rights of Americans yet again?


Scalia is a vile person...by the way

[RKP5637]

2. Scalia should be no where near SCOTUS let alone serve on SCOTUS. He is a bigoted vile person and

tips the scales of justice in a very dark and negative manner.

[flamin lib]

3. I think Scalia may be suffering dementia. I can't cite the case but

he actually argued againt a majority opinion he authored. I'll see if I can find it.

Edit

The case was Whitman v American Trucking Assn. He wrote the dissenting opinion and in EPA v Holmer cited the Whitman case in his disent completely reversing the positions of the parties even though he wrote the Whitman decision.

[NV Whino]

4. I would suggest that any public official that serves for life

Should have to pass certain mental and physical, which can affect mental, health evaluations at certain intervals or ages.

[former9thward]

5. Unfortunately that would take a Constitutional amendment.

There are no such limitations in the Constitution for federal judges.