Scalia Hides Hint that Kennedy was PAID for the 5th Vote in footnote?

vanity | 25 Jun 15 | Xzins

[xzins]

From Scalia's dissent on court conducting a putsch to overthrow the country:

"22 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. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

[Republican Wildcat]

It’s called an expression - the price to be paid would to be hide his head in a bag for such a ridiculous basis for issuing a ruling.

[sitetest]

No, it’s simpler than that. His mentor was a homo.

[melancholy]

Cultural Revolution II sans the excursions, yet.

How many tens of millions Chinese died in the first one?

[Girlene]

I think Justice Scalia is referring to a personal price that he, Justice Scalia, would pay if he were ever the fifth vote on a decision so trite, maudlin and poorly reasoned.

I agree. Here's the full quote:

""The opinion is couched in a style that is as pretentious as its content is egotistic. 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. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.""

[xzins]

Nope, he would hide his head in a bag as a result of the stupid line he’d had to write.

[novemberslady]

As I've said before
And I meant it
Never ever give in to a blackmailer because in the end they will throw you to the wolves.

I'm glad I wasn't one of the asshats that have been bending over for that shit in the white hut.

[gdani]

No. He is referring to the importance of being the 5th vote in a 5-4 decision.

Kennedy's opinion on this matter is well known since he authored the Windsor decision. That he voted this way again is certainly no surprise.

[Swordmaker]

The way I read it, he is saying quite clearly that Kennedy joined this decision to get a “fifth vote” on another decision.

What future case could he be waiting for where he will call in his marker for that fifth vote? What could be so important where a Liberal Justice would vote the conservative line where otherwise he/she would vote the other way?

[melancholy]

Executions NOT excursions.

[Swordmaker]

The way I read it, he is saying quite clearly that Kennedy joined this decision to get a “fifth vote” on another decision.

OR, perhaps, he is implying that this is the marker vote that Kennedy has been forced to pay?

[dragnet2]

Not buying. No sale here.

[xzins]

First, the one is in the body, and the “paid” comment is a footnote, so there is no continuous flow of words. It is more as an aside.

The court is egoistic

(Now as an aside comment, let me say that: “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...”)

He’s clearly saying that something was GAINED by being the 5th vote....

[oblomov]

That’s a great quote. I’ll have to revisit Spengler. Very insightful, as it shows that the oligarchy is not simply a post WW II phenomenon.

[Yaelle]

Just my take, but I think Justice Scalia is referring to a personal price that he, Justice Scalia, would pay if he were ever the fifth vote on a decision so trite, maudlin and poorly reasoned.

---

This.

[xzins]

According to Scalia what did Kennedy gain for being the 5th vote?

[SMARTY]

He wasn’t wrong about MUCH

[Sherman Logan]

To my mind, the wording implies he or others have engaged in such horsetrading. He implies that his objection would be to doing so for an opinion that began with ...

Which implies that opinions beginning with other wording would be considered.

[novemberslady]

Scalia should’ve been Chief Justice

[Sans-Culotte]

Scalia was not suggesting actual payment for Kennedy’s vote. His written dissent was a bitch-slap, nonetheless. I doubt that these guys socialize after hours.

[gdani]

According to Scalia what did Kennedy gain for being the 5th vote?

Nothing. Scalia is not referring to what you think he is. You are misinterpreting his words.