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Crip Dyke's avatar

Alito is a lying sack of anti-trans draff.

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Kate Stoneman's avatar

Justice Scalia, towards the end of his life, included language in his decisions that was clearly lifted from Breitbart, Human Events and Fox News. I mean he didn't even TRY to sound like a jurist, he sounded like some 26-year-old douchebro banging out Breitbart editorials for $200 apiece.

Parenthetically, it has always driven me up the wall, this fiction, embraced by liberals even, that Scalia was some kind of profound, intellectual jurist, whose intellectual juristness is to be respected in the spirit of bipartisan impartiality. Most of the people who think he was a great legal mind have never read his opinions. In reality, he was always a pundit and an advocate in his outlook, rather than a judge, and his advocacy was as shallow as it was grotesque. Basically, if he agreed with what the government was doing and wanted to uphold it, he would say: "There is nothing in the Constitution prohibiting what the government is doing, therefore it's constitutional. Also, the Framers obviously liked this thing I'm upholding." If he didn't like what the government was doing and wanted to stop it, he would say: "There is nothing in the Constitution allowing the government to do what it's doing, therefore it's unconstitutional. Also, the Framers obviously hated this thing which I also hate." That's it. That was the essence of his "originalism". It was a formula so simplistic, it was practically childlike.

And that was Scalia at his most innocuous. More sinister was the fact that he he straight-up made up stuff about what the Founders believed, what they wanted, or what the culture of their age was like. He made up, out of whole cloth, the notion that revolutionaries produced by the Enlightenment wanted nothing more than a world that never changes and takes its cues from pre-Enlightenment values and traditions. He never failed being dead wrong about history. Never. He incomprehensibly argued in favor of executing people actually known to be innocent -- an idea that would have struck even medieval judges as unspeakably evil. And he said that thing about how women have no Constitutional rights AT ALL because they are not people within the meaning of the Constitution -- another pack of nonsense he made up, which most people living in the 18th century even would have found appalling.

Like any broken clock, he was right about twice a day, but at all other times, he was a shallow, reactionary rage-monkey. And people should quit praising his English composition skills, too. He used ridiculous place-holders like "tutti-frutti", "apple sauce" and "jiggery-pockery", which would get a high school student fucking slaughtered by their English teacher, and he borrowed Breitbart garbage pretty much verbatim. The man was a shit jurist and an intellectual fraud.

So Alito is not the first Bigly Jurisprudential Mind to become completely immersed in reactionary senility. But if history is any guide, he too will go down in history being lauded for "but he was an intellectual heavyweight in the tradition of Blackstone" or whatever.

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