Justice Scalia has passed

[superunknown23]

Rot in hell... you racist, filthy pig

 

[NotaPAWG]

Bernie lookin funny in the light

 

[714562]

You are overstating the lack of textual analysis prior to Scalia coming on the scene, and as a result overstating his influence. As a law student who has read a shytload of cases from the 1970's to make the statement that "the text was not analyzed at all" is heavy handed to say the very least. Textualism posits primarily that the text should be given the most weight and most importantly that legislative history should not be taken into consideration.

As a law school graduate, it's not all that heavy-handed. For most of the 20th century, legal realism was the en vogue philosophy. If judges didn't literally disregard statutes outright, they certainly did not read them as closely as they have since the late 70s-80s and deferred much more readily to congress, state legislatures, etc. Scalia was instrumental in that change. And people widely acknowledge this.

Furthermore, taking into consideration political and social impact was trivial if not outright irrelevant to Scalia in regards to interpretation, unless it was something he strongly believed in like in Heller in which case he cherry picked antiquated sources to further his argument.

Whether Scalia himself practiced what he preached to other judges is a completely separate matter. And again, sort of irrelevant.

Most judges don't simply dismiss legislative history, or dismiss real life impact. Although Scalia has more general notoriety, I personally consider Judge Easterbrook to be a better defender and more interesting scholar in relation to textualism.

They don't dismiss it. But it takes a certain kind of case to actually get to the point where "real life impact" breaks the tie. Nowadays, the text generally comes first, no questions asked. If you are personally more interested in Easterbrook, that's fine. Doesn't make him more influential than Scalia.

 

[Serious]

]

Bernie lookin funny in the light

Looks standard pc to me

 

[714562]

Bernie lookin funny in the light

What would you have him say? "F.uck Antonin Scalia?" He won't even badmouth his current electoral opponent. Why would he badmouth a dead man?

 

[NotaPAWG]

What would you have him say? "F.uck Antonin Scalia?" He won't even badmouth his current electoral opponent. Why would he badmouth a dead man?

Just interesting he called him brilliant

 

[hashmander]

Bernie lookin funny in the light

what you think he's us regular folk on a forum? come on man he has to issue that boilerplate bullshyt.

 

[714562]

Just interesting he called him brilliant

So? Even his opponents on the court acknowledge his intelligence.

 

[无名的]

This dude has me in tears completely shytting on Scalia and cheering his death through Tweetstorm

 

[kingofnyc]

republicans are such scumbag pieces of shyt

trying to politicize this before this nikka body is put into a box

 

[ogc163]

Maddow: Jeh Johnson Possible Replacement For Scalia, Could Get Through GOP Senate

 

[dtownreppin214]

man you gotta respect how republicans are always on message together. somebody sent a memo out and they're all making the same political statement. they're not going to bend. the dems are worthless if they don't make them pay politically. msnbc sounding like some hoes right now.

 

[☑︎#VoteDemocrat]

 

[☑︎#VoteDemocrat]

 

[ADevilYouKhow]

If I wasn't so hungover I'd have a drink.
That Black History month.