Saturday, June 27, 2015

You Gotta Love Alito

From the NY Daily News: Supreme Court Justice Antonin Scalia is mad as hell, and he's not gonna take it anymore.
The conservative jurist wrote a blistering, sarcastic, colorful dissent, saying his five fellow court members engaged in a "judicial putsch" by ignoring democracy in Friday's 5-4 decision declaring a constitutional right to same-sex marriage.
It even contains what might be the first legal citation of a hippie, inspiring a Twitter hashtag, #askthenearesthippie.”
"A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy," he wrote.
Scalia says the country was doing just fine debating same-sex marriage before the court trampled all over the process.
"Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best," he asserts.
"The substance of today's decree is not of immense personal importance to me," he writes. "It is of overwhelming importance, however, who it is that rules me. Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court."
Throughout the dissent, he mocks the logic and rhetoric of the majority decision's author, Justice Anthony Kennedy, accusing him of "mummeries and straining-to-be-memorable passages."
"The opinion is couched in a style that is as pretentious as its content is egotistic," he writes.
He continues, in a sure-to-be famous footnote: "If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag.
"The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie."
In his “hippie” reference, Scalia responded to a majority claim that in marriage "two persons together can find other freedoms, such as expression, intimacy, and spirituality.'"
"Really?” he asks. “Who ever thought that intimacy and spirituality (whatever that means) were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie."
Scalia is the true hero in these battles with left and he is not afraid of what liberals will think of him, unlike John Roberts in ObamaCare and Justice Kennedy in both ObamaCare and Gay Marriage.
Roberts and Kennedy are afraid that the left will not like them and when they go to dinner parties, they are afraid they will be outcasts and the liberals will not like them.
Both Roberts and Kennedy want to be liked by the so-called elite and so they ruled these ways.
Roberts and Kennedy just want to be liked and that is why they voted they way they did in ObamaCare and gay marriage.  Nothing to do with being right on the law.

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