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Justice Antonin Scalia Said

When someone walks by the commandments, they are not studying the text. They are acknowledging that the government derives its authority from God.


( 11 sutras — Your wisdom )
Mar. 10th, 2005 02:09 am (UTC)
Apparently, the Divine Right of Kings is back in fashion. I'm amazed that a Supreme Court Justice can be quite this dumb in public.

The US government derives its authority from the "consent of the governed." Says so right there in the Declaration of Independence, which is (supposedly) related to Mr. Scalia's area of expertise.
Mar. 10th, 2005 04:23 am (UTC)
You need to give more context for this, Wolfgang. Many of us with legal backgrounds like to make fun of Mr. Scalia, but proper attribution is key.
Mar. 10th, 2005 05:59 am (UTC)
For context, please see Slate's article "We're On a Mission From God" about the current 10 Commandments case in the SCOTUS.
Mar. 10th, 2005 06:27 am (UTC)
Oh, I know about that case -- Scalia is, as I'm sure you know, a devout Catholic, but even so I'd be flabbergasted if he's made public comments about the case, which would be very bad form (and possibly a breach of judicial ethics). I'll have to check into this further. I'll report back on what I find.
Mar. 10th, 2005 07:42 pm (UTC)
Scalia isn't merely a devout Catholic. He's also a devout Dominionist, the Christian theology most closely equivalent the school of Islamic thought known as Wahhabism.

Scalia makes many of the NeoCons look positively liberal by comparison...

"If this goes on..."
Mar. 10th, 2005 10:03 pm (UTC)
Some findings
Scalia in fact recused himself (without given reasons, which is quite common) from the Ten Commandments case that was heard at SCOTUS about 2 weeks ago. What we have hear is Scalia engaging in his characteristic rhetorical gamesmanship. It's annoying, but it won't be a factor in the Court's decision as he won't cast a vote (instead of the usual 5-4, 6-3 decisions, this one will only have 8 judges casting votes, which could even lead to the rare 4-4 deadlock).
Mar. 10th, 2005 10:04 pm (UTC)
Re: Some findings
I hate horrible typos. "Hear" is supposed to be "here". Grr.
Mar. 11th, 2005 04:29 am (UTC)
Re: Some findings
Interesting. I didn't know he had recused himself. But isn't the point of recusing yourself to stay *out* of the discussion on the case?
Mar. 11th, 2005 08:34 am (UTC)
Re: Some findings
Stay out of participating in the disposition of the case, yes. But that doesn't preclude Scalia from participating in the oral arguments, as I understand it. It would be fair to say that Scalia took the opportunity to express some of his personal religious convictions while his colleagues on the bench (and participating counsel and interested court observers) understood Scalia's remarks to be quite separate from the legal issues that Scalia *can't* vote on (because everyone is well aware that Scalia is perceived as too prejudiced to hear the case).
Mar. 10th, 2005 04:24 am (UTC)
I don't think the good Justice has studied the Declaration of independence, but he has walked by it, and thereby acknowledged that it is the Operating System of our Nation.

Mar. 10th, 2005 02:50 pm (UTC)
Dear gods, when will this Plague of Neocons end? Must we sacrifice more babies?

( 11 sutras — Your wisdom )

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