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Justice Antonin Scalia Dead at 79

You'll have heard this by now.

The big issues - President Obama will nominate a replacement. The GOP Senate will not vote or confirm the nominee. What will this mean?

Discuss.

[Update TL below]}

Thanks, BTD for posting this. I hadn't seen the news when I posted the open thread. I just wrote a post on it but in the meantime, you got this post up, so I just deleted mine. Here's what I said:

How absurd that conservatives are suggesting President Obama should forego nominating a replacement for Justice Anton Scalia and let the next president do the honors. Obama put the kabosh on such nonsense tonight. He will (and should) name Scalia's replacement.

How did Justice Scalia die? I'm not seeing a cause of death yet (I've only been online a few minutes, and would not have known Justice Scalia died but for the comments in our open thread.)

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  • Display: Sort:
    My Scalia joke ... (5.00 / 1) (#36)
    by Robot Porter on Sun Feb 14, 2016 at 07:29:45 AM EST
    that so far, no one has appreciated.

    Antonia Scalia is dead.  But the strict constructionists refute this, claiming it must be decided by the states.

    lol; spit it out in Daffy Duck's voice... (5.00 / 1) (#52)
    by Mr Natural on Sun Feb 14, 2016 at 12:56:11 PM EST
    strict constructionist

    Parent
    on twitter: Scalia is dead: (none / 0) (#70)
    by Palli on Mon Feb 15, 2016 at 08:46:50 AM EST
    A group of 20 women will decide if the body should have a full autopsy & a internal ultrasound after waiting 72 days.

    Parent
    and more dangerous to the driver (none / 0) (#71)
    by Palli on Mon Feb 15, 2016 at 08:47:18 AM EST
    Justice Anita Hill! (5.00 / 3) (#39)
    by Towanda on Sun Feb 14, 2016 at 10:50:54 AM EST
    There is a petition on change.org.  Pop the popcorn.

    I suggested this to one of our grown daughters (5.00 / 1) (#45)
    by Peter G on Sun Feb 14, 2016 at 12:20:35 PM EST
    yesterday, and she almost fell out of her chair laughing with delight.

    Parent
    My god (none / 0) (#46)
    by smott on Sun Feb 14, 2016 at 12:25:46 PM EST
    Would she want to even be within 50 feet of him ?

    Parent
    I actually thought (5.00 / 3) (#47)
    by smott on Sun Feb 14, 2016 at 12:26:29 PM EST
    Bubba !
    Just to see heads explode...

    Parent
    Prof. Charles Ogletree (5.00 / 1) (#49)
    by jbindc on Sun Feb 14, 2016 at 12:30:55 PM EST
    of Harvard Law School predicts Obama will nominate a woman of color.

    Wishful thinking, maybe?

    Parent

    And Tom Goldstein (5.00 / 1) (#50)
    by jbindc on Sun Feb 14, 2016 at 12:34:12 PM EST
    of SCOTUSblog predicts Judge Paul Watford of the Ninth Circuit.

    The best candidate politically would probably be Hispanic.  Hispanic voters both (a) are more politically independent than black voters and therefore more in play in the election, and (b) historically vote in low numbers.  In that sense, the ideal nominee from the administration's perspective in these circumstances is already on the Supreme Court:  Sonia Sotomayor, the Court's first Latina.

    On the other hand, I think the President personally will be very tempted to appoint a black Justice to the Court, rather than a second Hispanic.  His historical legacy rests materially on advancing black participation and success in American politics.  The role Thurgood Marshall previously played in that effort is inescapable.  The President likely sees value in providing a counterpoint to the Court's only black Justice, the very conservative Clarence Thomas.

    For those reasons, I think the President will pick a black nominee.  I've long said that the most likely candidate for the next Democratic appointment was California Attorney General Kamala Harris.  She is fifty-one.  A female nominee has significant advantages as well.  That is particularly true for the candidacy of the likely Democratic nominee, Hillary Clinton.  For reasons I've discussed elsewhere, I think her nomination is difficult to oppose ideologically, given her history as a prosecutor.

    If Harris wanted the job, I think it would be hers.  But I don't think she does.  Harris is the prohibitive favorite to win Barbara Boxer's Senate seat in the 2016 election.  After that, she is well positioned potentially to be president herself.  If nominated, she would have to abandon her Senate candidacy and likely all of her political prospects.  So I think she would decline.

    Attorney General Loretta Lynch, who is fifty-six, is a serious possibility.  But she would likely have to recuse from her job, leaving that position open indefinitely.  I also think that the Republicans would have an argument that the attorney general's position shouldn't be left open.

    No other black woman immediately comes to mind as a nominee, though I haven't researched the question in some time.  But there is an obvious black male:  Paul Watford, an Obama appointee to the Ninth Circuit.  Watford is in his late forties.  He is well respected and reasonably well known in Democratic legal circles.

    Watford was confirmed by the Senate in 2012 by a vote of sixty-one to thirty-four, which is a filibuster-proof majority.  Nine Republicans voted in favor of his nomination.  That gives the Administration considerable ammunition to argue publicly that Republicans, by refusing to process the nomination, are blocking someone who is recognized to be qualified.

    Logistically, the fact that Watford was vetted so recently also makes it practical for the president to nominate him in relatively short order.  There is some imperative to move quickly, because each passing week strengthens the intuitive appeal of the Republican argument that it is too close to the election to confirm the nominee.  Conversely, a nomination that is announced quickly allows Democrats to press the bumper sticker point that Republicans would leave the Supreme Court unable to resolve many close cases for essentially "a year."



    Parent
    McConnell better make sure to not let ... (5.00 / 1) (#41)
    by magster on Sun Feb 14, 2016 at 11:23:48 AM EST
    ... the Senate go in recess this year. The GOP reaction to a recess appointment might be the most entertaining spectacle to watch ever.

    A guy can dream.

    Notorious RBG's statement.... (5.00 / 2) (#57)
    by magster on Sun Feb 14, 2016 at 02:04:09 PM EST
    Thanks--saw this and other articles (none / 0) (#64)
    by NJDem on Sun Feb 14, 2016 at 08:25:24 PM EST
    places a whole different spin on things.  Maybe because like it or not he was on the Court my entire adult life, just weird to imagine him not being there (although it's better for us...)

    Parent
    VC Link (5.00 / 1) (#68)
    by ragebot on Mon Feb 15, 2016 at 12:55:34 AM EST
    What an odd parallel universe you inhabit (5.00 / 1) (#102)
    by jondee on Tue Feb 16, 2016 at 09:05:46 AM EST
    Jim..

    This Warren story seemingly sticks in your craw forever, but when your candidate of choice calls Dumbya a liar and his and your WMD theories a monumental pile of bullcrap, it doesn't even register on your radar..

    "Why We Like Trump" just called you a liar. Maybe you should work on assimilating that bit of harsh reality.

    Yes (none / 0) (#1)
    by CaptHowdy on Sat Feb 13, 2016 at 08:10:51 PM EST
    The president Will nominate a replacement.   IMO it means the whole shebang just got thrown into a cocked hat.

    Pass the popcorn.

    Yes - the year just got even crazier, (none / 0) (#3)
    by ruffian on Sat Feb 13, 2016 at 08:18:31 PM EST
    just when I didn't think it was possible.

    Parent
    At this point I would say (none / 0) (#4)
    by CaptHowdy on Sat Feb 13, 2016 at 08:27:25 PM EST
    Don't ever EVER say that.

    Parent
    oh yeah this (none / 0) (#28)
    by MKS on Sat Feb 13, 2016 at 10:06:20 PM EST
    will be a fight.  and conservatives were ghoulishly thinking it would be rgb.

    Parent
    RBG (none / 0) (#29)
    by MKS on Sat Feb 13, 2016 at 10:06:52 PM EST
    I think it means (none / 0) (#2)
    by smott on Sat Feb 13, 2016 at 08:11:38 PM EST
    A 4-4 court for quite some time.
    Maybe til either Repubs are in the WH or Dems own the Senate?

    They'll vote after the election (none / 0) (#5)
    by Trickster on Sat Feb 13, 2016 at 08:30:41 PM EST
    If a Republican wins - which, really, seems unlikely - they'll reject the nominee.  

    If a Democrat wins, probably they'll confirm him/her out of fear of getting a more liberal nominee on the other side.  GOP Senate gains might make them a little more inclined to hang tough and block the nominee.  

    Question is: will Obama throw down the gauntlet and nominate a genuine liberal?  Or will we see another modlib?  That, of course, would also affect the calculus.

    Parent

    They can still make decisions I believe (none / 0) (#10)
    by ruffian on Sat Feb 13, 2016 at 09:06:47 PM EST
    As long as there is a quorum. Does Roberts break a tie?

    Parent
    No, the Chief gets one vote like any other (5.00 / 3) (#16)
    by Peter G on Sat Feb 13, 2016 at 09:17:19 PM EST
    Justice on cases. 4-4 counts his vote. A tie vote affirms the decision of the court from which the case was appealed to the Supremes, but it does not make that lower court decision a binding national precedent the way a Supreme Court decision would be. This is going to be important in a number of dangerous cases this year, such as the case that threatened to invalidate affirmative action in admissions to state universities, which might well have come out badly by a 5-4 vote. It won't affect that many cases, though, since not that many Supreme Court decisions are really decided by a 5-4 vote.

    Parent
    Oops, I was wrong about the affirmative action (5.00 / 1) (#19)
    by Peter G on Sat Feb 13, 2016 at 09:25:13 PM EST
    case (Fisher). Because of prior participation in the litigation, Justice Kagan is recused from that case. So it was already an 8-member Court. With Scalia gone, the decision now might be 4-3 to disallow affirmative action in public education. (My link is to the SCOTUSBlog item discussing this year's close cases in light of justice Scalia's death.

    Parent
    Thanks for that (none / 0) (#20)
    by jbindc on Sat Feb 13, 2016 at 09:28:24 PM EST
    Peter, can you please,address (none / 0) (#18)
    by jbindc on Sat Feb 13, 2016 at 09:22:30 PM EST
    What happens to those cases currently in the pipeline?  I know a case isn't considered decided until it's announced, so if the Court had opinions they were going to to release in the next few weeks or so, will we still see decisions with 9 votes?

    Parent
    Pretty sure that a Justice's vote is not final (5.00 / 2) (#22)
    by Peter G on Sat Feb 13, 2016 at 09:30:36 PM EST
    until the decision is announced. So even if a Justice reads the briefs, hears argument, and votes in conference for a certain outcome, and even if s/he approves a draft opinion, that Justice's vote is disallowed if s/he dies before the opinion is filed and publicly announced. This is a different rule from what applies in lower federal courts, by the way. And let me say I am not 100% sure about this. Was asking myself the same question earlier. Have not tried to research it to confirm.

    Parent
    From your link (5.00 / 1) (#24)
    by jbindc on Sat Feb 13, 2016 at 09:33:31 PM EST
    "The passing of Justice Scalia of course affects the cases now before the Court.  Votes that the Justice cast in cases that have not been publicly decided are void."

    Parent
    Well, if that's what Tom Goldstein says (none / 0) (#25)
    by Peter G on Sat Feb 13, 2016 at 09:40:58 PM EST
    then that's correct. I should have read more closely. Obviously missed an important sentence!

    Parent
    All good (none / 0) (#26)
    by jbindc on Sat Feb 13, 2016 at 09:43:08 PM EST
    I didn't even think to go to SCOTUSblog in the first place!

    Parent
    And, as a result, one can only say (none / 0) (#65)
    by christinep on Sun Feb 14, 2016 at 10:44:04 PM EST
    that any planned obstructionism to delay and/or prevent the filling of this position would work a substantial injustice on the Courts and the American people in undermining the full operation of the judicial process contemplated in the Constitution.  Such an obstruction may well be said to be contrary to the Congressional responsibility to "Advise & Consent."

    Politically: While delays in certain areas can be effective, it is quite likely here that such rabid obstructionism <as initially announced by Sen. McConnell> will be viewed as a petulant, imprudent, irresponsible act that harms the judicial system of law & order in our land.  IMO, should the Repubs really push through with the tantrum, the Democrats will have markedly increased the odds of retaking the Senate.

    Most importantly: The sudden demise of the Justice--a significant event in its own right--serves as a thunderous reminder about how rapidly, how abruptly the parameters of American public and political life can shift.  (In fact, the only other comparable change catalyst is a foreign policy crisis ... a situation not unheard of in our country from time to time.)

    An aside: In one of the articles on the circumstance of yesterday, I read that the late Justice was at the Texas resort to address or participate in an event? If so, has anyone heard more specifics as to the group, the agenda, the nature of the participants??? And ... while I appreciate that the rather remote resort might not have had available or fairly accessible medical personnel...it is, nonetheless, surprising that such an expensive get-away (with such moneyed clientele) did not have access to one who could make a death declaration following an onsite visit rather than via phone, as indicated in some stories.  The procedural matters after & surrounding the death of Justice Scalia seem rather lucy-goosey.

    Parent

    More (5.00 / 1) (#35)
    by jbindc on Sun Feb 14, 2016 at 06:46:34 AM EST
    Here

    The court is not yet halfway through the 80 or 90 cases it deals with each term, but many of the most contentious have already been heard. Normally, justices meet the week a case is argued, and vote on the outcome. So they have most likely already voted on pending cases on apportionment and affirmative action, for example. But weeks or months can go by while the justice assigned the opinion circulates drafts. Any justice can change his or her vote at any point during that process, and often does. It's all very hush-hush, so there is no way to tell how far along the cases Scalia heard are in the pipeline.

    There is no constitutional provision, no case law and no official policy about what the court should do with cases that have been argued and voted on when a justice dies. If the vote in a case that hasn't yet been handed down was 5 to 4, as one might expect with these controversial rulings, can Scalia cast the deciding vote from beyond the grave to change the way America chooses every legislature in the land or integrates its public universities? A court that cares about its image and constitutional role will not rule in the name of a majority that counts on a dead justice, especially on the core issues of American social life. Such posthumous decisions are so unprecedented they would make Bush v. Gore look like responsible judicial behavior. Chief Justice John Roberts, who in matters entirely internal to the court like this wields some extra power, is known for his concern for institutional prestige, and he would be right to weigh in against issuing opinions based on what Scalia did in past conferences.

    So in the cases that Scalia was already a part of, what's most likely is that the court will do what it has done in the rare, similar circumstances in the past, when important cases like abortion were argued and the personnel on the court changed or where a predictable swing justice was out sick: They will order the cases argued again and voted on again.

    Of course, the justices will also continue to hear future arguments, but upcoming closely decided cases -- such as the abortion case out of Texas also widely predicted to lead to a 5 to 4 vote -- will now be tied, 4 to 4. In this term's contentious, controversial docket, split decisions are inevitable. The court can reargue the pending cases and hear the upcoming ones, but they will be too divided to decide anything truly sweeping. Unresolved cases will stack up.

    SNIP

    But the GOP might soon reconsider if they see the implications of refusing to allow Obama to replace Scalia: A divided court leaves lower court rulings in place. And the lower courts are blue. Nine of the 13 U.S. Courts of Appeals have a majority of Democratic appointees. That means liberal rulings conservatives were hoping the Supreme Court would overturn remain law.

    SNIP

    Two-thirds of the people in the country live in blue-court America.


    Parent
    To clarify your source's reference (5.00 / 2) (#42)
    by Peter G on Sun Feb 14, 2016 at 12:14:41 PM EST
    to a case being "reargued":  The Court has the option to have the lawyers come back and argue a case again (with or without new briefs) to the newly constituted bench, which may mean the 8 (or 7, if one is recused) remaining Justices, or it could mean 9 Justices (or 8, if one is recused) if a replacement is confirmed. An option they have, although not at all the most likely to be chosen. Not unless Ch.J. Roberts believes reargument will break a 4-4 deadlock in a particularly important case, I would guess.

    Parent
    If its 4-4 (none / 0) (#12)
    by CaptHowdy on Sat Feb 13, 2016 at 09:12:46 PM EST
    It's null.  The lower court decision stands.

    Parent
    I read that if there is a tie (none / 0) (#13)
    by Towanda on Sat Feb 13, 2016 at 09:13:18 PM EST
    the decision reverts to the lower court's ruling.

    I hope that is not necessarily so, since I have a few cases in mind that are coming to the court. . . .

    Parent

    Yes, I know there are some important ones (none / 0) (#15)
    by ruffian on Sat Feb 13, 2016 at 09:16:20 PM EST
    coming.

    Parent
    Otoh (none / 0) (#17)
    by CaptHowdy on Sat Feb 13, 2016 at 09:18:49 PM EST
    It might be good news with abortion, contraception and affirmative action on the docket.

    Don't know what the lower court rulings were on those but they can always be brought again when the odds are better.

    Parent

    with abortion (none / 0) (#30)
    by MKS on Sat Feb 13, 2016 at 10:10:46 PM EST
    kennedy was the swing vote.  so now 5-3 in favor of abortion rights, i believe.

    Parent
    Reports are (none / 0) (#6)
    by jbindc on Sat Feb 13, 2016 at 08:31:09 PM EST
    He died of "natural causes".

    He apparently did not feel well went he went to bed last night, and he did not wake up.

    Sounds exactly like what happened to my father.  I mean, Scalia was 79 - it's not a complete surprise.

    I hope I go like that (5.00 / 1) (#7)
    by ruffian on Sat Feb 13, 2016 at 08:57:27 PM EST
    RIP. Nino. And of course it is a shock to his family going so fast.  Today a very good friend of mine is moving her terminally ill father into her home for hospice care, where his whole family can be with him. I don't know which would be harder. My father went suddenly at 82, and I think that was easier, even though a shock.

    Parent
    I have considerable experience (5.00 / 1) (#8)
    by CaptHowdy on Sat Feb 13, 2016 at 09:01:57 PM EST
    With dying slowly.   Way to much actually.

    I want to drop dead watching Game of Thrones between mouthfuls of popcorn.

    Parent

    You are (none / 0) (#11)
    by Ga6thDem on Sat Feb 13, 2016 at 09:09:08 PM EST
    too funny.

    Parent
    But not tonight, I might add (5.00 / 1) (#14)
    by ruffian on Sat Feb 13, 2016 at 09:15:11 PM EST
    I have to know how this election turns out. Plus, it's the Cubs' year.

    Parent
    There's a handful of those in my expanded... (none / 0) (#40)
    by magster on Sun Feb 14, 2016 at 11:20:39 AM EST
    ... circle of family and friends -- going to bed not feeling right and then not waking up the next day.

    Parent
    Scalia impersonator makes news (none / 0) (#9)
    by Towanda on Sat Feb 13, 2016 at 09:01:57 PM EST
    when with a tweet, by mistake, by Ron Johnson.

    Seems karmic, since Johnson impersonates a Senator.

    So.... is it possible (none / 0) (#21)
    by desertswine on Sat Feb 13, 2016 at 09:30:08 PM EST
    that we can have an 8 person Supreme Court for the next 9 years supposing that a Democrat wins the pres election?

    Or maybe a seven... (none / 0) (#23)
    by desertswine on Sat Feb 13, 2016 at 09:31:40 PM EST
    or six person court if any more justiced pass away.

    Parent
    Yes (none / 0) (#27)
    by ruffian on Sat Feb 13, 2016 at 09:47:48 PM EST
    a quorum of 6 is needed to hear a case.

    Parent
    The question of how long it took (none / 0) (#31)
    by CoralGables on Sat Feb 13, 2016 at 11:04:47 PM EST
    to take votes on nominees or have the name withdrawn

    is answered here

    Sri Srinivasan (none / 0) (#32)
    by Green26 on Sun Feb 14, 2016 at 12:41:21 AM EST
    2d Circuit Judge. Confirmed in 2013 by 97-0 vote. Played basketball at Kansas with Danny Manning.

    Judge Srinivasan does not sit on (none / 0) (#43)
    by Peter G on Sun Feb 14, 2016 at 12:16:26 PM EST
    the Second Circuit. He is a judge of the D.C. Circuit. Not that that matters much, but just for accuracy's sake.

    Parent
    BTD is really hyping him on twitter. (none / 0) (#44)
    by magster on Sun Feb 14, 2016 at 12:18:10 PM EST
    What are the risks of him being a Bizarro-world David Souter? I don't want to appoint a conservative just for the sake of having someone appointed. I'd rather have a tie for a year and let Hill/Bern make a home-run appointment.

    Parent
    I read the tweets (5.00 / 1) (#51)
    by Towanda on Sun Feb 14, 2016 at 12:39:34 PM EST
    as not hyping him but saying that it could be him.

    And I read BTD as hyping Karlan.

    Parent

    He's very pro corporate (none / 0) (#48)
    by smott on Sun Feb 14, 2016 at 12:29:14 PM EST
     I think there are better choices, unless BTD knows something we don't .....

    Parent
    Cibolo Creek Ranch... (none / 0) (#33)
    by desertswine on Sun Feb 14, 2016 at 01:25:35 AM EST
    Just curious.  A luxury resort type place.  Hunting, horseback riding, massages, etc.

    "Bird hunts Cibolo" (5.00 / 1) (#78)
    by Mr Natural on Mon Feb 15, 2016 at 12:59:09 PM EST
    is the name of several room packages.  

    There's something sicko about traveling long distances to kill something that can't threaten you and you don't need.  That tells me more about the man than any of his legal opinions, the reasoning in which I lack the training or context to understand.  

    Power tripping?

    The Cibolo brochure-ware dangles in front of prospective visitors a long list of wildlife.  What they don't mention are rattlesnakes.  30,000 acres of rattlesnake-free Texas is pretty hard to imagine.

    Parent

    One of his frequent hunting buddies (none / 0) (#84)
    by jbindc on Mon Feb 15, 2016 at 02:27:04 PM EST
    Is Justice Kagan.

    Parent
    Backstory on Cibolo (none / 0) (#82)
    by Mr Natural on Mon Feb 15, 2016 at 02:17:14 PM EST
    NYTimes has provided details (none / 0) (#87)
    by KeysDan on Mon Feb 15, 2016 at 03:29:01 PM EST
    on Scalia's death at Cibolo Ranch. John Poindexter, millionaire owner of the Ranch, said Justice Scalia arrived Friday (Feb 12) and after a cocktail and dinner party, retired to the presidential suite. In the morning, Saturday, when Scalia did not appear for breakfast, Poindexter knocked on his door, but no response.

      Just after 11 am, Poindexter and a friend of Scalia's returned, tried the door again, and then entered. It took no medical training, said Poindexter, to recognize that Scalia was dead.

      Poindexter called a hospital and a hospital official assessed that it would be impossible to resuscitate Scalia, and ranch officials then called the US Marshall's Office.

    Judge Beebe, a justice of the peace, and County Judge Cinderela Guevera, had pronounced Scalia dead by telephone and "ruled it natural causes based on credible information."  A priest was called to administer last rites of the Catholic Church.  Around midnight on Sunday, Feb 14, a hearse left the ranch for the Sunset Funeral Home in El Paso, about 200 miles away.

    Parent

    Scalia on the SCOTUS (none / 0) (#34)
    by gaf on Sun Feb 14, 2016 at 02:05:59 AM EST
    It would be great for us non-lawyers if Jeralyn or BTD could write a diary on their perspective of Scalia's time on the SCOTUS. The good, the bad, the ugly.    

    The Donald Trump (5.00 / 1) (#37)
    by KeysDan on Sun Feb 14, 2016 at 08:53:51 AM EST
    of the Supreme Court.

    Parent
    Peter? (5.00 / 1) (#55)
    by oculus on Sun Feb 14, 2016 at 01:25:56 PM EST
    Thanks for asking, but (none / 0) (#56)
    by Peter G on Sun Feb 14, 2016 at 01:43:31 PM EST
    way too much to take on. A complex and multi-faceted topic.

    Parent
    He was brilliant. (none / 0) (#60)
    by Mr Natural on Sun Feb 14, 2016 at 06:04:49 PM EST
    Some may have loathed some of what he said but he certainly had a way of saying it.

    Ruth Bader Ginsburg's statement: "We are different, we are one," different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve"

    "Call us the odd couple," Scalia said last year at a George Washington University event alongside Ginsburg. "She likes opera, and she's a very nice person. What's not to like?" he asked. "Except her views on the law."


    Parent
    Yes, and some (none / 0) (#63)
    by KeysDan on Sun Feb 14, 2016 at 06:46:59 PM EST
    did loath much of what he said and the way he said it.   Justice Ginsburg does have a moving tribute to a colleague and friend. The opera language she cites indicates the shared commitment to the constitution and institution.  But, the commitment sure took different forms.   I do concur that Scalia's writes "pungent opinions," if defined as having an odor. And, that he was smart, too part it was funneled in such a damaging manner to so many.

    Parent
    In his later years, (5.00 / 1) (#66)
    by christinep on Sun Feb 14, 2016 at 10:59:29 PM EST
    the late Justice's writings & speeches seemed to evidence more than an argument of ideas.  One doesn't have to search far to see growingly acerbic remarks aimed directly at the person. The use of sarcastic ridicule and misplaced personal derision often resembled unvarnished, nasty ad hominem attacks ... a "technique" far different than reputed brilliant legal commentary.

    Parent