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Antonin Scalia Condemns Judicial Activism, Invokes The Holocaust

Antonin Scalia

This weekend in Snowmass, CO Justice Antonin Scalia spoke to a gathering of the Utah State Bar Association. The "strict originalist" bemoaned judicial activism and his colleagues treating the Constitution as a "living document" in a speech titled "Mullahs of the West: Judges as Moral Arbiters." His argument was that elected officials, not unelected judges, should be the ones to legislate society's moral views.

Justice Scalia wasted no time in invoking Godwin's Law, opening his speech with the claim that judges interpreting the law in ways that reflected "the spirit of the age" in 1930's Germany was what led to the rise of the Nazis and, ultimately, the holocaust. He also pointed out that Supreme Court interpretation of the Constitution wasn't necessary at the turn of the century in response to the women's suffrage movement. However, he conveniently omitted that it was due to the Supreme Court intervention that schools were desegregated and interracial marriages were made legal.

Scalia received a standing ovation for his speech, the attendees apparently unaware that the first person to invoke Godwin's Law loses the argument.

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  1. Scalia is just a complete demagogue with intransigent malignant notions.
    Judicial material, he is not.

    Posted by: JackFknTwist | Jul 22, 2013 5:12:38 PM

  2. Scalia should talk to this guy who actually researches and studied the failure of the German judicial system to prevent the rise of the Nazis.

    It had EVERYTHING to do with allowing the Nazis to remove Jews from the bench and avoiding a confrontation with Hitler, and nothing to do with interpreting the Constitution in "the spirit of the age."

    All judges interpret the law through biased lenses. Scalia thinks his bias is better and everyone else's leads to Nazism.

    Posted by: ColinATL | Jul 22, 2013 5:28:29 PM

  3. Go home, Tony, you're drunk.

    Posted by: Jeff | Jul 22, 2013 5:30:16 PM

  4. This is someone who was OK with the court overturning the Voting Rights Act provision 4, a law that was put in place with exactly the same process as DOMA. I think he's crazy, actually, or at least a little sociopathic.

    Posted by: kdknyc | Jul 22, 2013 6:02:14 PM

  5. Throw the bum out...

    Posted by: Michael in Toronto | Jul 22, 2013 6:02:55 PM

  6. It is a rare thing for me to hope for a heart attack. Bring on the chicken alfredo, sausage pizza, and a double portion of tiramisu.

    Posted by: melvin | Jul 22, 2013 6:20:00 PM

  7. The Worst.
    The absolute Worst.

    Posted by: abie | Jul 22, 2013 6:20:32 PM

  8. What makes you believe that Scalia would characterize it as progress that "schools were desegregated and interracial marriages were made legal?"

    Posted by: Keppler | Jul 22, 2013 6:37:22 PM

  9. His political agenda has never been hidden. He wants to protect state rights, you know, like when he voted to over-rule the decision of the FL Supreme Court in Bush v Gore and became one of the 5 justices who elected the president. I have to invent new words to express my dislike for this ass.

    Posted by: terry | Jul 22, 2013 6:48:03 PM

  10. He's angry because he has a gay son and there's nothing he could ever do about it.

    Posted by: greenfuzz | Jul 22, 2013 6:52:09 PM

  11. I love those saying he's the worst while they completely forget there's an even worse one, one that doesn't say a single word during any hearing.

    btw, when is this f*cker going to have a heart attack already? Not sure which day will be more worth celebrating; the death of Scalia or the death of Robertson.

    Posted by: Michael | Jul 22, 2013 6:53:19 PM

  12. He really should be put away. He's dangerous. Next, he'll be hearing voices...or worse. He's seriously crazy.

    Posted by: Geoff | Jul 22, 2013 6:55:19 PM

  13. He really should be put away. He's dangerous. Next, he'll be hearing voices...or worse. He's seriously crazy.

    Posted by: Geoff | Jul 22, 2013 6:55:19 PM

  14. " However, he conveniently omitted that it was due to the Supreme Court intervention that schools were desegregated and interracial marriages were made legal."

    Conveniently indeed. I don't assume he would have ruled to desegregate schools or to make interracial marriage legal. Unless it benefited one of the CEOs that takes him on expensive vacations.

    Posted by: Houndentenor | Jul 22, 2013 6:55:28 PM

  15. when he makes these appearances it is amazing he doesn't show up in his white sheets and hood. he and thomas are probably two of the most bigoted and ideological men to ever sit on the court. the roberts court is the worst in our history.

    Posted by: walter | Jul 22, 2013 7:18:20 PM

  16. This coming from a man who helped orchestrate the "election" of George W. Bush.

    Posted by: franklin | Jul 22, 2013 7:22:46 PM

  17. I wonder where he ever got the idea that Congress legislates morality. As far as I know, Congress creates laws and I've never heard that laws necessarily reflect morality. How moral can it be to require a speed limit or to restrict health care?

    As usual, Scalia speaks out of both sides of his mouth. He's correct in so far as the Constitution gives the SCOTUS no power of judicial review. However, he has no inclination to rescind that power; he only wants to use it to promote the neo-con agenda. In true form of the hypocrite, he had no qualms about gutting the voting rights act, but same-sex marriage gets him all steamed up.

    Posted by: Chuck Mielke | Jul 22, 2013 7:23:11 PM

  18. If anyone should know about "judicial activism", it would be Justice Scalia. I mean, he was the author of Heller, which completely ignored the first part of the 2nd Amendment. He was the Justice that stopped the recount in 2000, thus putting the court into an extra-constitutional position it had no place to be, as "disputed" presidential elections are purely the purview of the Congress. He was in the majority in the Citizens United decision which allows unlimited corporate money in campaigns.

    Let's not forget that the 15th Amendment clearly gave Congress the authority to combat voter suppression by any means necessary and yet, Justice Scalia voted in the majority to gut the VRA.

    Posted by: Phoenix Justice | Jul 22, 2013 7:24:49 PM

  19. In his dreams, the Supreme Court would consist of a tribunal of inquisitors under papal authority with him having the prettiest hat of all!

    Posted by: Rexford | Jul 22, 2013 7:26:35 PM

  20. That arrogant fat ass thinks his views are a universal truth. They're not...they're just the views of an unintelligent, lucky-as-sin-idiot-who-shouldn't-have-become-a-Supreme-Court Jurist. He's a disgusting man who can't think beyond his own belly button. By HIS OWN actions he's practicing judicial activism--it's just happens to be conservative wingnuttery foolishness. Really, you ugly stupid fool, look in a mirror...or as W said (to paraphrase) get the log out of your eye first. Hypocrite. And if anyone asks, No! I don't like him.

    Posted by: woodroad34d | Jul 22, 2013 7:30:03 PM

  21. Scalia = disgusting, vituperating, ignorant low-life with an education he uses to pervert the truth -- the product of narrow-minded parents and the dark force of Catholicism.

    Posted by: Richard | Jul 22, 2013 7:31:27 PM

  22. Did he point out that it took a Civil War to end slavery?

    Posted by: Go Down Moses | Jul 22, 2013 7:38:50 PM

  23. He's friends with Ginsburg. Wonder what she thinks about him equating gay marriage with the holocaust? Gays were victims of the holocaust too; but then he'd argue that particular bit of judicial activism by the Nazis was okay. Wonder how much cock his son Paul has sucked?

    Posted by: Markt | Jul 22, 2013 7:48:00 PM

  24. I can't believe he actually brought up the Nazis when trying to justify his persecution of homosexual.

    Yes, Scalia, you're just like Hitler in that sense...

    Posted by: Michael | Jul 22, 2013 8:00:17 PM

  25. Scalia and his little dog Thomas should be removed for their open political agenda. They are a disgrace.

    Posted by: Michael | Jul 22, 2013 8:00:38 PM

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