“Leave it to Justice Antonin Scalia to trigger a nationwide debate about the hermeneutics of chin flips.” From an “empaneled jury” of Sopranos actors to Justice Scalia’s uncharacteristic appeal to foreign precedent, Slate‘s Dahlia Lithwick muses on the sideshow surrounding the Justice’s recent Sicilian kiss-off.
Tag: Antonin Scalia
Hearing Hamdan.
“The president’s consistent refusal to try the Guantanamo detainees before criminal courts or courts-martial leads a reasonable observer to conclude that the government’s case would fail if it were subjected to scrutiny by an impartial adjudicator. And if that is the only justification for military tribunals, it must be rejected. No one denies that the war on terror presents new challenges to the rule of law. But prosecuting someone with a crime that does not exist, before a commission that does not have rules, simply does not constitute justice under any set of circumstances.” Slate files several dispatches on the important case of Hamdan v. Rumsfeld, which the Supreme Court (without Chief Justice Roberts, who has recused himself…as should probably Scalia) will hear today. Emily Bazelon finds that GOP Senators Kyl and Graham seem to have tried to deceive the Court about the legislative history of their Detainee Treatment Act, while Ariel Lavinbuk suggests a compromise solution: the Supreme Court could “find that ‘conspiracy’ — the only charge against Hamdan — does not violate the law of war.“
Update: The Court hears the case, and it seems a majority — Scalia and Alito notwithstanding — are not amused with the Dubya administration: “Without Chief Justice John Roberts…the argument seemed lopsided against the government.” Still, as was expected to be the norm on the Roberts Court,”the outcome of the case will likely turn on moderate Justice Anthony M. Kennedy.”
The Most Dangerous Game.
Will these terrorists stop at nothing? As you may have heard, an evildoer tried to jump our Vice-President yesterday deep in the South Texas woods. (Well, either that, or Cheney botched a hit, a la Christopher and Paulie on The Sopranos.) At any rate, both veep and alleged perp/target (Harry Whittington, a millionaire attorney) are doing fine (notwithstanding the whole being shot thing), and, for what it’s worth, Scalia got the message. Update: Dick Cheney, Hunter-Stonewaller.
The choices of Judge Sam.
Wise? Not hardly. It’s become even clearer since yesterday that Samuel Alito is no Sandra Day O’Connor, and that he’s all for ultra-conservative judicial activism. The Left appears ready for war this time around, but Alito’s fate probably rests with a few GOP moderates, including Specter, Collins, Snowe and Chafee. Update: Worse than Scalia?
Spin, Spin Sugar.
It’s been Extreme Makeover time lately for the GOP, with Antonin Scalia acting chummy in hopes of landing the Chief Justice spot, Boss DeLay dismissing the recent allegations of incessant boondogglery, Karen Hughes coming out of mothballs to sell the Islamic world on Dubya, and the administration trying to sell the rest of us on pre-packaged news. I’m not buying any of it.
The Executioner’s Song.
“Fighting over the ‘evolving standards of decency’ underlying the Eighth Amendment’s ban on ‘cruel and unusual punishment,’ the 5-to-4 opinions reflect an all-out war between the proponents of a living (or at least medium-rare) Constitution and those who want to see it dead (or perhaps well-done, with a nice pinot).” Slate‘s inimitable Dahlia Lithwick explains the Kennedy-Scalia sniping undergirding the Supreme Court’s very welcome 5-4 decision to ban juvenile executions. To keep things in perspective, the only other nations besides us that have put juveniles to death since 2000 are China, Iran, Pakistan, and the Congo…not exactly what you’d call the Axis of Freedom.
Delusions of Grandeur.
As if all the talk of Scalia being our next Chief Justice wasn’t bad enough, it seems the power has really gone to his head of late. “Lamenting his inability to stop the Supreme Court’s slide away from the principles of judicial restraint he espouses, Scalia said he felt like ‘Frodo in “The Lord of the Rings,” soldiering on.’” Excuse me? You, Sir, resemble in no way the Shire-folk, and you’re definitely no Frodo. Perhaps one of the Nine, garbed in black?
Two roads diverged.
While new Senate Minority Leader Harry Reid shores up Scalia’s creds for Chief Justice (ugh, the new Congress hasn’t even met yet and he’s already Daschle redux), Howard Dean preps for a big State of the Party speech tomorrow in which he’ll “argue that the Democratic Party should be rebuilt from the grass roots up, that it should be driven by millions of Americans who make small contributions rather than by a handful of moneyed interests, and that the party should focus not just on presidential politics in swing states like Ohio and Florida but also on down-ballot races even in the reddest of states.” If these are my choices, put me on the Dean Machine…the endless protective camouflage song-and-dance perp’ed by Reid this past weekend has to stop. Update: More on Dean’s speech.
Portending the Nine.
“Indeed, former administration officials say all of the names on Mr. Bush’s short list for the Supreme Court are considered strict constructionists who are closer to Justice Scalia than to Justice O’Connor.” The New York Times tries to figure out if Dubya can actually remake the Supreme Court along “strict constructionist” lines as feared and concludes that, yeah, he probably can.
A “Lawless Enclave.”
Despite Justice Scalia carrying water for Ted Olson and the Bush team as per usual, it seems that a majority of the Supreme Court may not be amused by Dubya’s defense of the Gitmo gulag.