Quote of the Day: Adam Winkler on the Conservative Justices Questioning Affirmative Action

Scalia and Thomas claim to be originalists but it’s clear that the framers of the Fourteenth Amendment enacted laws employing racial classifications designed to integrate African Americans. … Once again, we see that many proponents of originalism are really just conservatives for whom history is used as a sword to strike down progressive legislation.

- Adam Winkler, Professor of Law, UCLA

Scalia on Affordable Care Act Mandate

Ham and Cheese

You don’t interpret a penalty to be a pig. It can’t be a pig.

Justice Antonin Scalia on Fox News Sunday

Supreme Court Justice Antonin Scalia

Supreme Court Justice Antonin Scalia (Photo credit: The Higgs Boson)

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Podcast Moments: This American Life, “Take the Money and Run For Office”

This American Life’s recent episode “Take the Money and Run” does one of he things that TAL does so well, which is to combine investigative reporting with compelling storytelling. If you’re interested in the details of political fundraising — not just who raises how much, but how, for example, the check is actually handed over — then this is the show for you.

I do take slight issue with how they initially present the old “two sides of the argument” argument.

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Paul Krugman on the Broccoli Fallacy

One of the ways in which the right wing have taken aim at the attempt to provide health care in this country is to compare the individual health care mandate (a conservative proposal invented by their very own Heritage Foundation) to the forced purchase and consumption of broccoli. Yeah, it doesn’t really work on any level, but did you expect the Supreme Court justices to act like Tea Party enthusiasts? Paul Krugman didn’t.

Given the stakes, one might have expected all the court’s members to be very careful in speaking about both health care realities and legal precedents. In reality, however, the second day of hearings suggested that the justices most hostile to the law don’t understand, or choose not to understand, how insurance works. And the third day was, in a way, even worse, as antireform justices appeared to embrace any argument, no matter how flimsy, that they could use to kill reform.

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Best of the Week: The Daily Show on Trayvon Martin and more…

MONDAY (March 26, 2012)

Jon Stewart joked about how Dick Cheney’s heart transplant would be covered in the organ community.

Innocent Heart Sentenced to Life in Cheney

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Conservative Court Consequences

Antonin Scalia’s remarks last week serve as a helpful reminder of how conservative our activist courts are.

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Ballade of Bush v. Gore

Since Justice Scalia has brought Bush v. Gore back into the news, I’ll dust off an old poem about it, inspired by the following part of that 5-4 Supreme Court decision:

Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional…, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed.

English: Antonin Scalia, Associate Justice of ...

Image via Wikipedia

For the wise Supreme Court, which the nation reveres,
For the justices, given the charge to restore
Our respect for and faith in our system, three cheers!
They’ve put all speculation to rest evermore:
It’s hello to George W., ‘bye ‘bye Al Gore!
And the crux, which the court’s sage majority notes,
Is an argument nobody’d thought of before:
There’s just not enough time to count all the votes.

More of this poem after the jump

Antonin Scalia Falls Flat on Facts and Substance

ThinkProgress posted an article Saturday about a speech given last week at Wesleyan University by ultra-conservative Supreme Court justice Antonin Scalia. They focused on Scalia’s lack of knowledge when it comes to the landmark Bush v. Gore decision, in which the conservative Court handed the presidential election to George Bush the Junior, quite literally deciding that the votes didn’t matter.

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