Scalia Dissent in McCREARY COUNTY v. ACLU (Scholarship on Role of Religion in American History)

Legal Information Institute ^ | 6/27/05 | Justice Scalia

[BCrago66]

Sometimes getting opinions from Cornell's Legal Information Institute is more convenient than the Supreme Court's own site, because it's not in PFD format.

I haven't read all of this dissent yet, but notice how Scalia and Thomas and Rehnquist consistently engage in pretty potent historial scholarship to back up their opinions, while the others' scholarship consists in reciting the most recent of the Supreme Court's own precedents.

[MJY1288]

Thanks for posting Scalia's Dissent, I've been looking forward to reading it , I consider Scalia the brightest legal mind in this country

[MarcusTulliusCicero]

On the basis of this dissent alone, Scalia deserves the CJ job when it opens up (although I was disappointed that he was part of the 6-3 majority in the eminent domain case). I also like how he calls a senile old fool without naming her or actually using those words!

[planekT]

ping

[MJY1288]

Boy oh boy, Scalia certainly takes Justice Stevens to task in this dissent :-)

[MJY1288]

Are you sure about Scalia in the Majority in the Domain case?

I thought it was a 5/4 decision and Scalia, O'Conner, Rhenquist and Thomas were in the Diseent

[MJY1288]

"The 5-4 majority in Kelo v. City of New London consisted of the four “liberal” justices—John Paul Stevens, who authored the opinion, Ruth Bader Ginsburg, Stephen Breyer and David Souter—and “swing” justice Anthony Kennedy. Despite the lineup of dissenters—right-wingers William Rehnquist, Antonin Scalia and Clarence Thomas, along with “swing” justice Sandra Day O’Connor, the decision is deeply anti-democratic."

Link to source

[MarcusTulliusCicero]

My apologies, you are correct. I was thinking of the medical marijuana case involving the re-expansion of the commerce clause. He was with the lib majority in that one.

[MJY1288]

NP, I make far too many mistakes to criticize you for your hosent mistake

Cheers
Mike

[MJY1288]

LOL Example noted

hosent = honest

[Constitutionalist_by_birth]

This Republic needs more Justice Scalias.

Thank G-d we have him.

[MJY1288]

Amen to that, I recorded a debate Scalia had with ultra Liberal Justice Breyer and it was the first time I had ever witnessed Scalia in that kind of forum and I was very very impressed. Scalia made Breyer look like a babbling buffoon who was so desperate to push his Liberal agenda that he cited foreign law that not only had no place in his opinion, it was even shot down in the country of origin :-)

Scalia is a national treasure IMHO

[FatherFig1o155]

And he's from New Jersey.

Go figure.

[CGVet58]

Are we talking about the same eminent domain case? Kelo vs New London went 5-4; Scalia, Thomas, Rehnquist & O'Conner dissenting.

where'd this 6-3 with Scalia in favor of come from?

[MJY1288]

Our founding fathers would be very proud of Justice Antonin Scalia. Although, I think they might recommend the Gallows for at least 4 of Scalia's fellow Supreme Court Justices :-)

[MarcusTulliusCicero]

See posts 6-8. I named the wrong case. It wasn't the eminent domain case but rather the medical marijuana decision that re-expanded the commerce clause in which Scalia joined with the liberal bloc of the Court. I read his concurring opinion and just didn't buy his argument. I agree with Justice Thomas on that one - using that decision the Feds can now decide to regulate any aspect of your life on the basis that it may, in some way, by some chain of logic, possibly, someday, perhaps, might influence in some way to some degree, in some fashion or manner some aspect or characteristic or feature of interstate commerce at some point in our future, present or past.

[Constitutionalist_by_birth]

The eminent domain and Ten Commandments rulings struck me as very much in the same line of thinking as those lovely Bolsheviks of the early 20th century.

The Leninists so utterly despise(d) religion, and private property was(is) an unneeded burden in the utopian world of Communism.

The liberals today are the Bolsheviks of yesteryear. They cannot be allowed to control this country.

[MJY1288]

I couldn't agree more. There is no doubt that todays leftists despise any and all things Christian because IMHO they want, we the public, to worship them.

I have a very religious (Adventists) Mother in law who lives with me and my wife, she has always feared that the religious right would take away her right to worship the Sabbath on the Seventh Day (Saturday) which is predicted by Ellen G. White, the founder of the Seventh Day Adventists Church.

I recently asked her who is doing more to restrict religion and even remove it?, I asked her who is doing more to restrict people from openly proclaiming their faith? she looked a little dumbfounded for a minute and said "The Liberals" I responded "That's who you need to fear"

The simple truth is... No matter what your faith is, we all need to fear those who want to remove God from our lives, and it's the left who is doing all they can to see that happen. We must stop them PERIOD

[Christian4Bush]

bttt...by a five to four vote

[PogySailor]

BTTT