Posted on 07/15/2015 3:02:10 PM PDT by Titus-Maximus
Justice Antonin Scalia is setting a terrible example for young lawyers. Ignore, for now, his jurisprudence, his famously strict originalism; it's his tone that's the problem.
I have taught argumentation for many years, first as an instructor to high school and college debaters, currently as a law professor. Throughout my career I have always cautioned students away from nastiness as a crutch for those who cannot win using reason or legal precedent. I have told them to stick to persuasion and to dissecting the opposition's logical fallacies.
But lately my students have been turning in legal briefs laced with derision and ad hominem barbs. For this trend, I largely blame Scalia. My students read his work, find it amusing and imitate his truculent style.
Scalia has long relied on ridicule. In past years he has dismissed his colleagues' decisions as "nothing short of ludicrous" and "beyond absurd," "entirely irrational" and not "pass[ing] the most gullible scrutiny." He has called them "preposterous" and "so unsupported in reason and so absurd in application [as] unlikely to survive."
(Excerpt) Read more at latimes.com ...
This chump is the dean of the University of Irvine School of Law.
I’ve always recognized Prof. Chemerinsky as the media’s go-to legal expert who always gets it wrong. Predictions always turn to poop. Still, they keep going back to him time after time like he’s mister big shot.
Best thing Erwin Chemerinsky has ever done was when he was at Duke University helping Walter Dellinger with the history of the Second Amendment, writing the briefs, and holding mock debates in preparation for Dellinger’s appearance before the U.S. Supreme Court as counsel for the city of Washington DC in the case of “DC vs. Heller”.
They got their asses completely kicked in court by Alan Gura. Even though the high court split 5-4 in favor of Heller, all nine justices at least claimed even in dissent that Dellinger and Chemerinsky didn’t know what they were talking about — and that, yes you dummies, there is an individual right to keep and bear arms.
If you’ve never heard the audio of the oral arguments in that case, go find it and listen to Walter Dellinger gloriously turn into a stuttering puddle of mind-blanked pudding under questioning — and they didn’t even have to thump on his argument very hard. Made him a complete laughingstock. I really don’t think his career ever really recovered from it..
later
The left ALWAYS does this. They completely rend the US Constitution, then want US to be civil. Ridiculous! When you’re essentially a legal barbarian who reinterprets the law as you go, you don’t deserve any respect whatsoever. You deserve to be called out and RESISTED. I don’t blame Justice Scalia one bit if he’s P.O.’d at his fellow justices. They aren’t judges. They’re political activists who deserve to be treated with contempt.
"I believe the Supreme Court got it exactly right in Roe v. Wade: a fundamental right of each woman is to choose whether to terminate her pregnancy."
Erwin Chemerinsky
Mr. Chemerinsky terminated his mother's pregnancy when he was born. IN other words, he was not dismembered and killed by an abortionist.
It would be interesting to inquire of him according to his own Humpty Dumpty Roe v Wade 'logic' as to when he became a person with a fundamental, inalienable right to life, and from whom he got this right?
I recall Erwin teaching my Bar prep course for ConLaw back in 2005.
He flat out mocked and ridiculed those who believe the 2nd Amendment means what it says.
He has no right to talk about tone.
And Scalia’s use of tone is completely justified as many of us well know.
While Erwin is well published, he will never rise to the level of Justice Scalia. Never.
Insert the name Obama every time Scalia is mentioned and the article makes sense.
Chemerinsky
Epstein
Sunstein
Last Alinsky style thread was Weinstein....
You just can’t make this stuff up......the 20th century culture incubators that created this vanguard of progressives
David Horiwitz......I’m paging you
Grow a set Erwin.
Erwin, lighten up baby. All Scalia is doing is given the Left a taste of their own medicine, a medicine developed by Saul Alinsky and William Kunstler.
If you can’t take it, don’t dish it out.
In court, there are no gentlemen. Only good liars.
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