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Scalia Hides Hint that Kennedy was PAID for the 5th Vote in footnote?
vanity | 25 Jun 15 | Xzins

Posted on 06/26/2015 10:33:49 AM PDT by xzins

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To: virgil

What was the price for the 5th vote and who paid it?

George Soros & Co.?


21 posted on 06/26/2015 10:45:29 AM PDT by alice_in_bubbaland (When injustice becomes law, resistance becomes mandatory ... Thomas Jefferson)
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To: mojito

So, it’s common in an opinion for a judge to write about what a bribe on the case at hand would have to include before he would accept it?


22 posted on 06/26/2015 10:45:33 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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To: NRx

Exactly... He was not suggesting actual payment. Much more subtle than that.


23 posted on 06/26/2015 10:46:03 AM PDT by paul544
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To: xzins
"as the price to be paid for the 5th vote", means the 5th vote gets the hero status.. it's a good thing don't you see. So what he means is that, even if he agreed with a position and wanted to be the hero who swings and becomes the 5th vote (aka, the 1 guy who made the decision happen), .. so even in that case, he would feel ashamed of the opening sentence because the opening sentence is so poorly reasoned.

He is not making any inference that a vote was paid for, he is saying, regardless of the merits of the case, there is no possible way he could proudly support a decision that started with such a shite sentence.

24 posted on 06/26/2015 10:46:49 AM PDT by douginthearmy
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To: xzins
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag.

Parsing the sentence, it seems he was saying if HIS had been the fifth vote, the price HE would be forced to pay would be in his appearing to agree with the opinion that began with those (awful) words.

25 posted on 06/26/2015 10:47:15 AM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson, 1824)
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To: xzins

Oh, for crying out loud. Stop eating those mushrooms.


26 posted on 06/26/2015 10:47:50 AM PDT by Fido969
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To: xzins

Oh, brother.

He’s referring to justices promising to join in an opinion if the opinion includes certain language, or if the joiner gets to write all or parts of the opinion. He’s not talking about bribery with things of value.


27 posted on 06/26/2015 10:48:28 AM PDT by altsehastiin
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To: mojito

If I were paid for my vote I would “hide my head in a bag”.

Hmmmm...


28 posted on 06/26/2015 10:48:41 AM PDT by privatedrive
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To: paul544
Did you think a bill of sale or receipts were exchanged? ☺
29 posted on 06/26/2015 10:48:44 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: xzins

Sounds rhetorical (the usual “deal”) Then why didn’t he come right out & say it? (I like Scalia, but really…)
You know, I have to at least give that Snowden guy credit for trying to expose the truth. Our government’s policy of “snitches get stitches’ is just plain corrupt. It’s also cowardly.


30 posted on 06/26/2015 10:48:46 AM PDT by KGeorge (https://en.wikipedia.org/wiki/Weather_Underground)
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To: thesharkboy; P-Marlowe

The genius of it is that he leaves it up in the air for interpretation, doesn’t he?

“I’d hide my head, even if I’d been paid a price....”


31 posted on 06/26/2015 10:49:10 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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To: fwdude

Uh no, the decision will stand, just as vote in MS did even when it was proven illegal crossover vote decided the outcome.

Progressive decisions = law of the land, conservative decisions = just a speed bump on a progressive path.


32 posted on 06/26/2015 10:49:39 AM PDT by VTenigma (The Democratic party is the party of the mathematically challenged)
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To: xzins
mystical aphorisms of the fortune cookie

Spot on!

33 posted on 06/26/2015 10:50:00 AM PDT by 2001convSVT (Going Galt as fast as I can.)
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To: thesharkboy; mojito; xzins

Ditto, my read.


34 posted on 06/26/2015 10:50:12 AM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: mojito

I’d hang my head over such a stupid argument, even if I’d been paid a price.


35 posted on 06/26/2015 10:50:49 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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To: Sir Napsalot

see #35.

But, it is left to interpretation...

And who was it who wrote: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,””


36 posted on 06/26/2015 10:52:55 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
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To: xzins

I think Scalia is just mocking the rhetoric he cites. My first reaction was similar to your, but more in the abstract sense that SCOTUS justices routinely compromise legal principle, horse trade across cases. I suppose they do that too, but Scalia’s comment here can be taking as nothing more than mocking the rhetoric.


37 posted on 06/26/2015 10:52:58 AM PDT by Cboldt
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To: dragnet2
Instead of celebrating the 4th of July this year, we should be mourning it.

There's a lot of money spent on the 4th of July.

38 posted on 06/26/2015 10:53:30 AM PDT by jean michael
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To: xzins

Oh good grief. We have real arguments Let’s stop with the silly conspiracy theories.

This would all presuppose that Kennedy is otherwise Conservative. He isn’t.

If we keep focusing on silly theories we never address the real issues and never get anyone’s attention to listen to us.


39 posted on 06/26/2015 10:53:45 AM PDT by RIghtwardHo
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To: xzins; Old Sarge; EnigmaticAnomaly; Califreak; kalee; TWhiteBear; freeangel; appalachian_dweller; ..

______________________________________________________________________________________

"Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both.
-Frederick Douglas

40 posted on 06/26/2015 10:54:26 AM PDT by LucyT
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