The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: March 11, 1936
3/11/1936: Justice Antonin Scalia's birthday.

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This conservative Justice was a leader in the rescinding of the Mandatory Sentencing Guidelines. These guidelines dropped crime across the board by 40%. Thousands of young black lives were saved by these guidelines. Another effect was lawyer unemployment, so they had to go.
Good friend to Justice Ginsberg, so I see no real distinction between them, Ivy indoctrinated, big government bias, lawyer rent seeking enemies of our nation, and true lawyer dumbasses. They had less common sense and savvy than kids in Life Skills class learning to eat with a spoon. They could be replaced by one of these kids for an immediate upgrade in the quality of the Supreme Court decisions, and in the clarity of the writing.
This dirtbag once visited. I was not allowed to ask him, his being a Catholic jurist, about the origin of the Common Law in Scholasticism, and its plagiarism of the Catechism. That is not allowed in our secular nation, with an Establishment Clause.
Led a comfortable life, every advantage, did not mind denying the right to a comfortable life to others. It just rolled off his back.
His dad was a first generation immigrant and his mom was a school teacher.
A real Rockefeller upbringing.
So it's just complete lack of empathy, generally?
Empathy means you respect people's feelings or situation, not that you agree with them on all issues at all times.
You get to choose your legal philosophy. Your choice reflects your values and your ability empathize. Choosing a philosophy that allows government to physically brutalize humans without consequence but constrains its ability to do things that help other people reflects that. And what it reflects is, as you put it, a lack of respect for people's feelings and situation. You wouldn't choose Scalian jurisprudence as a philosophy if you respected people's feelings or situations.
He also was famously not super consistent about following the philosophy he himself espoused.
What he gave himself flexibility on was pretty telling.
Father was a prominent scholar at Brooklyn College. And Antonin was an only child (ahem).
If he was a Democrat the media would have cared more about his supposed natural death....
He was obese, old, and a heavy smoker. That doesn't prove he died a natural death but it's the way to bet. Besides which, if someone on the left wanted to kill him, they should have done it two years earlier when Obama would have been able to fill the seat.
I think we can place Scalia conspiracies under the broad umbrella of Murc's Law: the widespread assumption that only Democrats/liberals have any agency or causal influence over American politics. Here, Occam's Razor-type explanations based on natural and regularly occurring events can't compete with the assumption that if something happened, Democrats must have did it.
If you are talking about politically motivated murders, then yes the Dems probably did it. Just look up Clinton Body Count for a list of examples.
Right. I have it on good authority that Hillary Clinton was behind the assassination of Abraham Lincoln.
I've always thought that an extremely campy Hillary Clinton murders everyone miniseries, like the original UK House of Cards, would be pretty amazing.
That or a production of Richard III with Hillary as Richard. Although funnily enough, Trump actually did the "hold the Bible to pretend he's a holy man" thing IRL.
No thanks. I'd prefer not to have constant google ads for male supplements and cash for gold scams because I visited TotallyRealAndLegitPatriotFreedomNews.
Are you mentally ill? Or just pretending to be?
Hey, Artie. You may enjoy this. Eugene had this blog privately. He allowed specific death threats. He allowed links to sites depicting sex with animals. He allowed spam from Nigerian Princes needing a deposit to get fortunes out of hock.
He blocked me for bring up Scholasticism in the common law and its violation of the First Amendment, his expertise.
He is the lawyer with the highest IQ in the country. Do you know why he blocked me? Passing 1L made him a lawyer dumbass. His doing so at an Ivy law school, made him among the biggest dumbasses in the dumbass profession.
That seriously was the best reason Eugene could come up with for blocking you?
Wow!
Even those with BSE have more brain cells active that Behar
No personal insults, just insults about the profession. But this was a First Amendment beef, and he did not want to face it, like staring into the sun, with the potential mass eradication of the common law as a violation of the First Amendment.
If you want to copy crazy, supernatural doctrines from the 13th Century, then amend the constitution lawyers. You should no longer make money from your open insurrection against the constitution.
Nor am I anti-Catholic. The Church gave up on Scholasticism in the 19th Century. Their beliefs are according to their faith, and I respect them. I even acccept their prayers for me. I am criticizing the American lawyer profession.
I don't think Eugene is petty. However, a civilian who attended 10th grade World History class on Medieval philosophy, spotted a potentially devastating issue and flaw. It could result in a mass eradication of lawyer business. He could not face or debate it. Why not call it silly, and rebut it easily, if it is wrong? Where is the flaw in this issue spotting?
But you are posting now. How is it you were blocked? Also, you post a lot other places. Hardly rings of "censorship" to me...
Eugene blocked me again at the Washington Post. I wrote to jeff@amazon.com. A Vice President for Legal Affairs fixed that, the next day.
I guess, Reason magazine controls access, not Eugene. After all, Artie has not been blocked.
Eugene called this blog his living room, and I am a guest. It certainly is not his living room, since it is open to the world. It is ironic that a lawyer advocate of the Free Speech Clause should be so restrictive of speech he disagrees with. The contradiction is not ironic once one understands how stupid and nasty the lawyer profession is. I am complaining about lawyer denial of self evident facts, known to all high school students in 10th Grade World History class.
What an interesting new legal theory that defies all understanding of how websites are treated today. Your contributions here are always appreciated, David. In as far as I'm always happy to report your disgusting and vulgar posts about Jews. I pity the job your parents did in instilling shame into you.