Desegregation Was a Nazi Plot

Love Bug is a Battlefield. Antonin Scalia follows judicial activism to its logical conclusion:

Using his “originalist” philosophy, Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of “separate but equal” public schools. He said that decision, 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?”

Stephen Breyer, sparing us the trouble of a comeback, notes that while flogging may have been legal in the 18th century, our standards of “cruel and unusual punishment” have drifted as well.

Scalia: Some on court inventing rights [East Valley Tribune, via Political Wire]

Update: Scalia didn’t say it…

At 23:45 Justice Scalia is clearly misquoted. He says that he stands with Justice Harlan, who dissented in Plessy v. Ferguson. He argues that the original meaning of the Fourteenth Amendment prohibits racial discrimination.

Oh, well. Can we use the Limbaugh Defense and claim it’s something Scalia would have said?

nojo
1:35 pm • Tuesday • October 27, 2009
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22 Comments

al2o3cr

1:42 pm • Tuesday • October 27, 2009

Does Scalia realized he just Godwin’d himself?

I must have missed the section of the Bill of Rights where it explicitly specifies the rights people have – all I have in my copy is a set of restrictions on what the government can do.

Serolf Divad

1:44 pm • Tuesday • October 27, 2009

Yeah, well… Scalia’s also the guy who is upset that the state no longer has the power to criminalize masturbation .

He’s a cartoon character more than an actual Jurist. He’s the Dick Cheney of jurisprudence.

SanFranLefty

1:53 pm • Tuesday • October 27, 2009

Does this mean Justice Thomas has 3/5 of a vote? Can’t wait to see the 4.6-4 decisions coming down from SCOTUS.

Tommmcatt is hunkered down in the trenches

1:57 pm • Tuesday • October 27, 2009

TJ/Gah! Fucking Droopy! Get the pitchforks!!!!!!!

FlyingChainSaw

2:08 pm • Tuesday • October 27, 2009

Right on, Tony! And that fucking 14th Amendment! What the fuck is up with that?

2:09 pm • Tuesday • October 27, 2009

@FlyingChainSaw:

Is it too much to ask for a massive coronary? This is the kind of thing that tests my faith….

2:27 pm • Tuesday • October 27, 2009

@Tommmcatt is hunkered down in the trenches: Just when I think it’s not possible for me to hate JoeLie any more than I already do…

2:34 pm • Tuesday • October 27, 2009

@SanFranLefty:

He is to politics what genital herpes is to casual sex.

Dodgerblue

2:35 pm • Tuesday • October 27, 2009

@SanFranLefty: Me neither.

Capt Howdy

2:37 pm • Tuesday • October 27, 2009

@Tommmcatt is hunkered down in the trenches:
it would be fun to watch the fucking dem “establishment” including the big O get what they deserve for backing the piece of shit if we did not have to get it with them.

2:44 pm • Tuesday • October 27, 2009

@Capt Howdy:

It would be fun to beat him with a sack of oranges.

2:46 pm • Tuesday • October 27, 2009

@Tommmcatt is hunkered down in the trenches:
interesting take on LIEberturd from BTD:

Reconciliation Here We Come: Lieberman Announces Filibuster Of HCR

Since Lieberman is there, then Lincoln, Landreiu and Ben Nelson will go there too. No health care reform through normal procedure. Notice especially Lieberman says he will filibuster even Snowe’s Trigger (so much for Rahmbo’s grand deal with the Princess from Maine.) Reconciliation it is.

Oh by the way, that means we go back to the ROBUST public option with NO opt out. That’s the good news.

2:48 pm • Tuesday • October 27, 2009

@Tommmcatt is hunkered down in the trenches:

I think there is enough blame for everyone here. if it was not for Obama and the rest of the fucking villagers we would have senator Ned Lamont who would be voting for a robust public option.

Benedick

2:56 pm • Tuesday • October 27, 2009

@Tommmcatt is hunkered down in the trenches: I am spending today thinking beautiful thoughts.

@Serolf Divad: Scalia’s also the guy who is upset that the state no longer has the power to criminalize masturbation . Perhaps a damn good spanking would serve as punishment if some young chap gets caught saluting the captain. A damn good, over-the-knee, old-fashioned spanking. A good, long, hard spanking. On the bum. Yes. I should think that would do the trick.

Jamie Sommers

3:16 pm • Tuesday • October 27, 2009

Wait. What? Hitler was a king? Based on what, the divine right of the mustache?

3:26 pm • Tuesday • October 27, 2009

@Jamie Sommers:
I think it would need to be a bigger one (like Geraldos) to carry any kind of divine right

3:36 pm • Tuesday • October 27, 2009

@Benedick: I do not want to think about Scalia doing this. Thank you very much.

3:43 pm • Tuesday • October 27, 2009

@Benedick:

Is that a reference to the recent Herman Thomas case? :)

4:01 pm • Tuesday • October 27, 2009

It seems the EVT got the quote from Scalia wrong.