Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

tencats

(567 posts)
Sun Feb 14, 2016, 10:46 AM Feb 2016

Top 5 Scalia Rulings that helped Progressives

By Juan Cole | Feb. 14, 2016


http://www.juancole.com/2016/02/top-5-scalia-rulings-that-helped-progressives.html

I don’t imagine Justice Scalia and I would have agreed about very much. But perhaps his passing is an opportunity to point to a few things on which we, as Americans, did agree, because of our commitment to the Constitution, however different our interpretation of it might be in general.

1. Scalia took important stands to preserve the Fourth Amendment, which forbids unreasonable, warrantless searches by government of our personal effects and papers.

2. In Kyllo v. United States in 2001, Scalia wrote the majority opinion that the government can’t use infrared imaging to look inside your home from the street without a warrant.

3. Scalia concurred in a crucial ruling by the court that the Environmental Protection Agency has the right to regulate carbon dioxide emissions.

4. In EEOC v. Abercrombie & Fitch Stores, Scalia last summer wrote the majority decision. The court found that the stores had to offer Muslim-American Samantha Elauf a faith accommodation even if she did not ask for one. A&F had declined to hire her when she interviewed for a sales job wearing her Muslim headcovering or hijab because the firm said it had a policy against employees wearing hats

5. Scalia also joined the rest of the court in deciding that a jailed Salafi Muslim had a right to grow a beard.

Read it all here at:http://www.juancole.com/2016/02/top-5-scalia-rulings-that-helped-progressives.html
5 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Bucky

(54,026 posts)
1. I knew about the infrared decision, but the Muslim beard ruling was unanimous
Sun Feb 14, 2016, 10:49 AM
Feb 2016

SCOTUS appointments aren't important for the slam dunk decisions.

valerief

(53,235 posts)
2. 4 & 5 means rules of law should accommodate religion. That leads to churches not paying taxes,
Sun Feb 14, 2016, 10:52 AM
Feb 2016

faith-based subsidies, and Hobby Lobby bullshit.

Shemp Howard

(889 posts)
3. Thanks for posting that.
Sun Feb 14, 2016, 11:00 AM
Feb 2016

It's a reminder that people on the other side of the aisle usually DO have some good qualities. Being wrong, even very wrong, does not automatically equate with being evil.

Conservatives and progressives alike often refuse to admit that. And that's a pity, because when you demonize your opponents very bad things can happen. Consider the McCarthy witch hunts of the 1950's as just one example.

But notice that I had to use the word "usually" in my first sentence. Because I cannot think of a single good quality when it comes to Dick Cheney.

brush

(53,787 posts)
5. Shouldn't we be posting a Top 20 list on how Scalia hurt the country?
Sun Feb 14, 2016, 11:04 AM
Feb 2016

I am not hiding it. I am enjoying this sense of schadenfruede right about now.

Latest Discussions»General Discussion»Top 5 Scalia Rulings that...