It’s Time for Scalia to Go


Screen Shot 2013-07-22 at 9.50.01 PMOnce upon a time, Supreme Court Justice Antonin Scalia was quite impressive.  That was once upon a time.  Now, not only has he sold out to the Koch Machine, becoming a judicial whore (along with Justice Clarence Thomas) but he is becoming increasingly racist and erratic.  The latest incident is just a wee but too much, even for him.

“…Supreme Court Justice Antonin Scalia invoked Nazi Germany and radical islam Saturday to highlight the dangers of judicial activism in a speech to Utah State Bar Association in Snowmass Village, according to The Aspen Times.

The conservative justice opened his speech with a comment on the Holocaust, saying it occurred in one of the “most advanced countries in the world” and one of the mistakes that Germany made in the 1930s was that judges interpreted the law in ways that reflected the “spirit of the age.”

This comment follows Scalia’s longstanding belief in “originalism’–the belief that the constitution is a “static document,” not a “living document” whose meaning changes with the times.

“I believe that texts should be read to mean what they were understood to mean when they were adopted,” he said in his speech Saturday. “Who in a democratic society should have the power to determine the government’s view of what natural law is?…In an open, democratic society, the people can debate these issues.”

Scalia cited issues like abortion, the right to execute someone for a crime and the legality of “homosexual sodomy” as examples of issues that judges aren’t qualified to rule on, arguing that professionals in the specific field are more qualified to speak to these. …”

Sure, he may have been a racist and bigot all along, but he was able to hide it.  He should still be ‘hiding’ it, quite well.  The problem is the fact that he isn’t.  The fact is that he is becoming more and more erratic.  If I were not living with Alzheimer’s Disease on a daily basis, I would probably not even notice what is going on with him, other than to complain about his increasing bigotry.

“…Scalia recently sided with the court’s minority in voting to keep the federal prohibition on LGBT marriages in place. He’s long compared same sex relations to reprehensible acts like beastiality and murder, which he maintains legislative bodies have a compelling interest to regulate….”

There are things you start looking for, when someone starts acting this way.  What is the man’s dexterity?  Is he having problems getting up from a table?  How does he go down a flight of stairs?  Those are the earliest signs.  I know.  We ignored them for nearly six years.

 “…The point is that conservative judges are just as capable of being activists as well, just in the opposite direction. Rather than making rulings to progress forward, conservative judges often make rulings to keep the status quo in place or regress backwards. If Scalia really thinks political ideology shouldn’t play a role in how judges interpret the law, he should look in a mirror.

Time and time again, Scalia has made his rulings based on his own conservative beliefs. Claiming to be an “originalist,” Scalia says we should interpret the Constitution the way the Founding Fathers understood it to mean. The thing is, the Founding Fathers wrote the Constitution in vague, broad, and general terms so that future generations could interpret the document and apply it to the times in which they live.

Debating how the Constitution should be applied today could fill whole novels, which is something I just do not have the time nor the space to achieve in one article. But since the Constitution was enacted over 220 years ago, our society has changed. America is much larger than when the Constitution was drafted. Our nation has become more diverse, more technologically advanced, and to be blunt, we are much more intelligent and knowledgeable than the Founders ever were.

We literally have all the information in the world at our fingertips. Because of this, the world is much smaller than it used to be since we are all more interconnected. Science has advanced. Even our social norms have evolved over time. Should our courts not take all of these changes into account when making rulings based on the Constitution?Homosexuals are not mentioned in the Constitution.

There is nothing in the Constitution that says same-sex couples can get married nor that they can’t. Same goes for abortion. There is nothing that says a woman can or can’t have an abortion. But, the Constitution does protect personal liberty, restricts rights to “all persons born,” and says all people have equal rights under the law. Not just some people or a few people, all people.

Therefore, judges are not activist when they rule in favor of same-sex marriage or for abortion rights, they are simply interpreting the Constitution as it was written and using the various precedents and traditions laid down by common law and not like what people who lived hundreds of years ago may or may not have meant. They certainly don’t inject Biblical mandates into rulings….”

If Scalia is perfectly normal, in the head, then what he is doing is that much more disgusting.  If he is simply giving in to his bias, then he needs to be kicked off the court.  If he is suffering from some form of dementia, then he needs to be required to retire – for the good of the country.  Either way, he must go.