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Justice Scalia

Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court's Authority

Evan Bernick | Posted 11.18.2015 | Politics
Evan Bernick

The very cases that Scalia invokes disclose the need for an independent judiciary to serve as a final check against abuses of government power. If that check is to be effective, the highest court in the nation must have the authority Scalia would deny it.

Justice Scalia Says He'll Retire Once He 'Can't Do The Job As Well'

The Huffington Post | Cristian Farias | Posted 10.21.2015 | Politics

Justice Antonin Scalia isn't stepping down from the U.S. Supreme Court soon, but he offered some clues Tuesday as to when he might. In a speech a...

Yes, Judicial Engagement IS Winning Over Conservatives: A Response to Professor Ramsey

Evan Bernick | Posted 10.06.2015 | Politics
Evan Bernick

Are conservatives truly revisiting their longstanding commitment to judicial restraint, or are liberals merely flogging a narrative of right-wing radicalism to advance their own ends?

Mystery: Who Is Demeaning the Supreme Court?

Judge H. Lee Sarokin | Posted 06.30.2015 | Politics
Judge H. Lee Sarokin

Answer: Its own members. For years I have been railing against conservatives for eroding confidence in our judicial system by the constant litany of charging judges with being "activists," "following their own agenda," "legislating from the bench," "thwarting the will of the majority" and being "soft on crime."

Scalia's Dissent in Obergefell (Same-Sex Marriage) Case Would Criminalize Justice Thomas's Marriage

Paul Abrams | Posted 06.30.2015 | Politics
Paul Abrams

Missed in Scalia's childish histrionics was his so-called 'originalist' approach for interpreting the Constitution.

A Good Week For America

Robert Kuttner | Posted 06.28.2015 | Politics
Robert Kuttner

What an extraordinary week in the political and spiritual life of this nation. Yet this is one of those inflection points in American politics that could go either way. It could energize the forces of racial justice and racial healing. Or the events of the week could energize the haters.

Justice Scalia Versus 'Liberty'

Evan Bernick | Posted 06.17.2015 | Politics
Evan Bernick

Scalia has identified himself as a "faint-hearted originalist." Nowhere is his faint-heartedness more evident than in his refusal to seriously consider whether and to what extent the Constitution protects unenumerated rights.

More "Notorious" Please

Allen Schmertzler | Posted 06.16.2015 | Politics
Allen Schmertzler

Nail biting stress season is sizzling with suspense as the Supremes on the Court secretly work on dotting the "i-s" and crossing the "t-s" on their immensely vital rulings before sliding out of the summer heat of Washington D.C.

The Secret Messages Behind the SCOTUS Same-Sex Marriage Oral Arguments

Laurie Israel | Posted 06.02.2015 | Gay Voices
Laurie Israel

It is ironic and telling that the people of Ireland on May 22 voted to enshrine same-sex marriage rights into its constitution by an almost two-to-one margin. They seemed to have no problem in riding above complicated and esoteric legal arguments, as well as the proscriptions of the Church.

How the Supreme Court Actually Mirrors the American Public on Marriage Equality

Michelangelo Signorile | Posted 06.30.2015 | Gay Voices
Michelangelo Signorile

It's likely that Justices Thomas and Alito agreed with the basic sentiments Scalia seemed to be expressing -- a sense of pride, even, that passionate religious opposition to same-sex marriage rang out loudly, at the same time that conservatives across the country continue to craft "religious freedom" laws to blunt LGBT equality in the states.

A Word to Justice Kennedy: In Obamacare Lawsuit, "Congress Can Fix It" Can Cut Either Way

Paul Abrams | Posted 06.08.2015 | Politics
Paul Abrams

The "Congress-can-fix-it" argument is not dispositive one way or the other. If the justices want to overturn the IRS' interpretation, there is no greater weight to the "Congress-can-fix-it" argument for that proposition than for the Court to uphold the IRS interpretation .

Scalia on Retirees Losing Their Health Insurance: 'I Can't Feel Bad About It'

Nan Aron | Posted 02.18.2015 | Politics
Nan Aron

In Apple Grove, West Virginia, there are some retirees from a chemical plant whose Christmas wishes probably include this: They want to keep the health insurance they were promised.

The Broken Promises of Citizens United

Duncan Hosie | Posted 02.01.2015 | Politics
Duncan Hosie

Conservatives on the Court vowed that Citizens United would strengthen American democracy. They were wrong. Five years later, their promises stand in stark contrast to the world we live in today.

There Is No Suspense: SCOTUS Has Already Decided to Kill Obamacare

Paul Abrams | Posted 01.09.2015 | Politics
Paul Abrams

This Supreme Court is not really a court, but another branch dedicating itself to the Republican party's agenda. It is to the fair, balanced and logical application of justice what Fox News is to news.

The Impotent Plenipotentiary

Alex Glashausser | Posted 08.13.2014 | Politics
Alex Glashausser

Just as Scalia will never be an unborn widow, he appears unlikely--regardless of any (en)treaties--to assume the role of legal doctrine's most indispensable character: the reasonable person.

Scalia vs. Waldman on Guns / Frum vs. Corn on War

HuffPost Radio | Posted 06.01.2014 | Politics
HuffPost Radio


After 219 years, "Justice" Scalia found a right to guns in Heller. Now a new book explains why the Court was wrong and how public opinion and law can shift. Also: Frum & Corn debate the Obama scandal of 'refusing to start unnecessary wars.'

How Responsible Is the Drug Dealer for the Actions of the Drug User?

Steven Brill | Posted 04.20.2014 | Crime
Steven Brill

The death of actor Phillip Seymour Hoffman from an apparent heroin overdose has triggered an interesting debate as to whether the individuals who sold Mr. Hoffman the drugs should be criminally liable for his death.

In Between Jokes, Scalia Again Raises Concerns About Court Ruling On Spying Issues

Civil Beat | Nathan Eagle | Posted 02.04.2014 | Politics

HONOLULU -- Loathed by oh-so-many liberals, U.S. Supreme Court Justice Antonin Scalia waded into the deep-blue Aloha State Monday for a talk with law ...

The Devil Made Me Do It

Screwtape | Posted 03.04.2014 | Comedy

It turns out Justice Scalia not only believes in the Devil, but meets with him at the end of every year. This meeting took place on Christmas Eve, 2013.

The Myth of States' Rights

Leon Friedman | Posted 01.23.2014 | Politics
Leon Friedman

The assertion of states' rights really means resistance to progressive federal laws designed to alleviate the inequality in our society. We must look more closely at the real reason why States rights are asserted to block action by the federal government.

Justice Scalia's Belief In The Devil

The Huffington Post | Paul Brandeis Raushenbush | Posted 10.07.2013 | Religion

Supreme Court Justice Antonin Scalia was profiled in New York Magazine with in-depth interview with Jennifer Senior that touched on his judicial phi...

Justice Scalia: 'I Have Friends That I Know, or Very Much Suspect, Are Homosexual'

Michelangelo Signorile | Posted 01.23.2014 | Gay Voices
Michelangelo Signorile

The fact that any American in 2013 -- let alone a justice of the United States Supreme Court, located in a major urban center with a large LGBT population -- can say he or she doesn't know anyone who is openly gay is pretty astounding. Scalia has spun a cocoon around himself.

Scalia On Congress: 'I Leave Them Alone, They Leave Me Alone'

AP | BRIDGET MURPHY | Posted 10.02.2013 | Politics

MEDFORD, Mass. -- MEDFORD, Mass. (AP) — It's possible for a law to be really stupid, but still constitutional, Supreme Court Justice Antonin Scalia ...

Scalia: SCOTUS Shouldn't 'Invent New Minorities'

AP | MATT VOLZ | Posted 10.19.2013 | Politics

BOZEMAN, Mont. — The U.S. Supreme Court is making decisions that should be left to Congress or the people, from wiretapping to "inventing" new c...

Scalia, Ginsburg Inspire Unusual Work

AP | MARK SHERMAN | Posted 08.06.2013 | Politics

WASHINGTON -- He's a tenor stuck in the 18th century. She's a soprano who evolves over time. They fight like cats and dogs at work, but somehow forge...