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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
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.
TOPICS: Extended News; Your Opinion/Questions
KEYWORDS: bribery; graft; justicekennedy; scaliadissent; scotusssmdecision
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To: xzins
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.
To: xzins
No, it’s simpler than that. His mentor was a homo.
62
posted on
06/26/2015 11:14:17 AM PDT
by
sitetest
(If Roe is not overturned, no unborn child will ever be protected in law.)
To: LucyT; azishot
Cultural Revolution II sans the excursions, yet.
How many tens of millions Chinese died in the first one?
To: mojito; xzins
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.""
64
posted on
06/26/2015 11:15:05 AM PDT
by
Girlene
To: Republican Wildcat
Nope, he would hide his head in a bag as a result of the stupid line he’d had to write.
65
posted on
06/26/2015 11:18:48 AM PDT
by
xzins
(Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
To: xzins
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.
To: xzins
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.
67
posted on
06/26/2015 11:21:29 AM PDT
by
gdani
(No sacred cows)
To: thorvaldr
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?
68
posted on
06/26/2015 11:22:05 AM PDT
by
Swordmaker
( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
To: melancholy
Executions NOT excursions.
To: thorvaldr
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?
70
posted on
06/26/2015 11:24:03 AM PDT
by
Swordmaker
( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
To: jean michael
Not buying. No sale here.
71
posted on
06/26/2015 11:24:37 AM PDT
by
dragnet2
(Diversion and evasion are tools of deceit)
To: Girlene
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....
72
posted on
06/26/2015 11:25:09 AM PDT
by
xzins
(Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
To: SMARTY
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.
73
posted on
06/26/2015 11:26:05 AM PDT
by
oblomov
To: mojito
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.
74
posted on
06/26/2015 11:26:08 AM PDT
by
Yaelle
("You're gonna fly away, Glad you're going my way...")
To: gdani
According to Scalia what did Kennedy gain for being the 5th vote?
75
posted on
06/26/2015 11:26:14 AM PDT
by
xzins
(Retired Army Chaplain and Proud of It! Pray for their victory or quit saying you support our troops)
To: oblomov
He wasn’t wrong about MUCH
76
posted on
06/26/2015 11:27:37 AM PDT
by
SMARTY
("What is freedom? To have the will to be responsible for one's self. "M. Stirner)
To: xzins
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.
Scalia should’ve been Chief Justice
To: xzins
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.
79
posted on
06/26/2015 11:30:13 AM PDT
by
Sans-Culotte
(Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
To: xzins
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.
80
posted on
06/26/2015 11:31:53 AM PDT
by
gdani
(No sacred cows)
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