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ACS Blog: Justices Breyer, Scalia Wrangle over Interpreting the Constitution
The Corner on National Review Online: Brown, Plessy, Whatever -- By: Ed Whelan
Bench Memos on National Review Online: Brown, Plessy, Whatever -- By: Ed Whelan
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RT @racialwealthgap Scalia MISQUOTED, would NOT have dissented in Brown vs. Board of Education http://bit.ly/22NGYB thanks @randomdeanna! 10/27/2009 |
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Correction: Scalia misquoted. He would have joined Harlan dissenting in Plessy. http://bit.ly/22NGYB Sorry Nino. 10/27/2009 |
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RT @moorehn @ryanchittum @pwire Story claiming Scalia said he would have dissented on school segregation is incorrect. http://bit.ly/22NGYB 10/27/2009 |
Justices Breyer, Scalia Wrangle over Interpreting the Constitution
ACS Blog —
... for 200 years. It was criminal."
Justice Breyer countered Scalia's defense of originalism, saying that the Constitution was meant to be relevant over time, not just to the 18th century. Breyer maintained that if the high court read the Constitution as literally as Scalia says he does, it would produce an unlivable society. "It won't be a Constitution anyone will be able to live under," he said.
Balkinization has commentary on and video of the debate here.
Brown, Plessy, Whatever -- By: Ed Whelan
The Corner on National Review Online —
... myself, but that’s what someone who has done so tells me, and that’s also what Yale law professor Jack Balkin—no admirer of Scalia’s jurisprudence—says.) ...
Brown, Plessy, Whatever -- By: Ed Whelan
Bench Memos on National Review Online —
... myself, but that’s what someone who has done so tells me, and that’s also what Yale law professor Jack Balkin—no admirer of Scalia’s jurisprudence—says.) ...
Scalia Gets Misquoted, Badly
Weekly Standard Blog —
... which overturned earlier precedent, was designed to provide an approach the majority liked better. "I will stipulate that it will,'' Scalia said. But he said that doesn't make it right. "Kings can do some stuff, some good stuff, that a democratic society could never do,'' he continued. "Hitler developed a wonderful automobile,'' Scalia said. "What does that prove?''
Jack Balkin at Balkinization watched the Scalia video and found the newspaper got it very wrong:
At 23:45 Justice Scalia is clearly ...
Don’t Believe Everything You Read
Discriminations —
... that Scalia said he would have voted to uphold segregation, in a story carried in the East Valley Tribune. But as even liberal law professor Jack Balkin, who was initially fooled by the story, now admits, it’s pure bunk: a video recording of the event shows that Scalia actually said he would have voted to strike down segregation. ...
Left Now Spreading Phoney Racist Scalia Quotes
Gateway Pundit —
It worked with Rush Limbaugh so why not?
If you can’t beat them smear them viciously.
Jack Balkin fessed up on some phoney Scalia quotes:
As I suspected, Justice Scalia did not say he would have dissented in Brown v. Board of Education in 1954. The newspaper account is incorrect and took his remarks out of context.
Ann Althouse has more on the latest racist liberal smear.
The phony quotes keep coming — and they go viral before even very quick corrections.
Althouse —
Yesterday, Yale lawprof Jack Balkin had to backtrack: As I suspected, Justice Scalia did not say he would have dissented in Brown v. Board of Education in 1954. The newspaper account is incorrect and took his remarks out of context. Although Professor Balkin picked up the story and wrote about it, to his credit, from the start, he hedged with phrases like "[i]f the current report is accurate." The misrepresentation of Scalia's remarks went viral almost instantly, which is the way things go these days. Damage is done, even when ...
Non-Sequiturs: 10.28.09
Above the Law —
* No, Justice Scalia did not say he would have dissented in Brown v. Board of Education. [Balkinization]
* Of course, "[t]he misrepresentation of Scalia's remarks went viral almost instantly, which is the way things go these days." [Althouse]
* Patterico slaps around Scott Glover of the L.A. Times for Glover's slanted coverage of a recent Third Circuit decision clearing Chief Judge Alex Kozinski (9th Cir.) of wrongdoing. [Patterico's Pontifications]
* Justice Sonia Sotomayor, photographed by Annie Leibovitz for the pages of ...
Justice Scalia, Realism, and Life in the 21st Century
Constitutional Law Prof Blog —
... - that Justice Scalia had remarked that due to his originalist beliefs, he would have dissented in Brown v. Board of Education . Before the report was revised, the blogosphere began a discussion on the statement falsely attributed to Scalia. In particular, Professor Jack Balkin took him to task . After the report was corrected, Professor Balkin argued that even if Justice Scalia could find a way to stay faithful to originalism and still join the majority opinion in Brown , other cases - such as Loving and Bolling v. Sharpe - would also present problems. Professor ...
