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Author Topic:   Scalia is a Scoundrel
NoNukes
Inactive Member


Message 106 of 108 (763157)
07-21-2015 4:05 PM
Reply to: Message 104 by Percy
07-21-2015 6:52 AM


If Scalia's legal philosophy ignores legislative intent then he's less a scoundrel and more an idiot.
I'd stick with scoundrel. I disagreed with you about the reasoning in the OP but not your overall call. The article I referenced goes through Scalia's book on being a judge/justice. Although Scalia does not use legislative intent, he does use a number of 'canons' (57 according to the article) all of which give various results in different situations and from which Scalia can choose in order to reach what will inevitably the most conservative view of any situation.
It is also the case that his approach to Constitutional interpretation is so close to 'legislative history' as to demonstrate that his principled stance on textualism is fraudulent. In particular, Scalia completely mangles history in order to come up with his verdict in DC vs Heller.
What's more, since there were no federal exchanges in the original version of the bill, only state exchanges, having places in the bill that were missed or improperly updated when later revisions were made is precisely the kind of error one would expect.
Exactly. The problem here is not that Scalia is too idiotic to see that issue. The problem is that he just does not give a crap. He thinks that the errors are what we should be stuck with.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 104 by Percy, posted 07-21-2015 6:52 AM Percy has seen this message but not replied

  
Dr Adequate
Member (Idle past 362 days)
Posts: 16113
Joined: 07-20-2006


(1)
Message 107 of 108 (763159)
07-21-2015 4:34 PM
Reply to: Message 105 by NoNukes
07-21-2015 3:56 PM


If there is any intent or purpose to be gathered, Scalia insists on gathering it from the text alone.
And so in this case he gets an answer which he knows to be wrong.
If I insist on estimating people's weight from their shoe size, then if I see with my own eyes a very fat man with very small feet and insist that he is very thin, then I am a liar, because I can see that he's very fat. It is no defense of my integrity to say that I habitually estimate people's weight from their shoe size.

This message is a reply to:
 Message 105 by NoNukes, posted 07-21-2015 3:56 PM NoNukes has replied

Replies to this message:
 Message 108 by NoNukes, posted 07-21-2015 5:02 PM Dr Adequate has not replied

  
NoNukes
Inactive Member


Message 108 of 108 (763162)
07-21-2015 5:02 PM
Reply to: Message 107 by Dr Adequate
07-21-2015 4:34 PM


And so in this case he gets an answer which he knows to be wrong.
Well, yeah. Scalia does not like Obama or Obamacare. Scalia is, in fact a scoundrel. Perhaps we are nitpicking about exactly what variety of scoundrel Scalia is.
If I insist on estimating people's weight from their shoe size
I think this remark does not get to the point. Scalia simply does not care what the legislators thought or actually meant. I don't believe there is any doubt about that regardless of what you can read from his explanation. Scalia is not using the text to discern what was meant, but instead to determine the meaning of what was actually written. Unless there is a facial ambiguity, Scalia would end his inquiry at that point.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 107 by Dr Adequate, posted 07-21-2015 4:34 PM Dr Adequate has not replied

  
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