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What Scalia stood against, (none / 0) (#13)
by KeysDan on Mon Feb 15, 2016 at 02:55:53 PM EST
will be the subject of legal scholars for decades.  It may be considered by some to be unseemly, if not macabre, to comment on Scalia's works so soon after permanently hanging up his spurs as a complimentary guest at Cibolo Creek Ranch.

 But, as I see it, with a life-time appointment, nature's course equates with retirement.  (not that I an in Ben Carson's corner on ending life-time appointments). And, of course, Republicans lost no time in moving away from condolences.

My additions to BTD's listing would include Herrerra v Collins: a claim that the eighth amendment's ban on cruel and unusual punishment prohibits the execution of one who is actually innocent, is not grounds for federal habeas corpus.  (it would be too hard to have a re-trial based on new evidence, even in a capital case).

And, Romer v Evans, Colorado's Amendment 2 did not violate Equal Protection Clause, just denied special rights for gays.  His concurring opinion, or screed, starts with "The Court has mistaken a Kulturkampt for a fit of spite, Tolerant Coloradans are preserving traditional sexual mores against a politically powerful minority."

Scalia was ethically questioned , when in 2004 he went on a duck-hunting trip with Cheney, when a case involving the vice president was before the Court (whether Cheney had to reveal who appeared before his secret energy task force). Scalia refused to recuse himself and went on to join the majority in declining to force Cheney to disclose secret documents from the energy task force.

 

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