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Wednesday, November 17, 2004
Scalia proves once again that he's clueless
Antonin Scalia, the controversial United States Supreme Court justice, addressed a packed crowd at the University of Michigan on Tuesday, taking the unusual step of taking questions from the audience and drawing some boos - and some applause - during his answers to those questions.Link.
Scalia, who was at Rackham Auditorium to speak on the philosophy of constitutional interpretation, was asked by a member of the audience whether, if he had the chance, he would revisit his decision in the Gore-Bush 2000 election. Scalia cut off the questioner , saying, "I'm inclined to say it's been four years and an election. Get over it." That drew loud boos from the crowd. Scalia voted with the 5-4 majority in 2000 to cease the recount of disputed votes in Florida.
Scalia continued, "The issue is not whether the decision should have been decided in the Florida or U.S. supreme courts, but that the Constitution had been violated. ... The only decision was to put an end to it after three weeks and looking like fools to the rest of the world. It was too much of a mess." [emphasis added]
Please, someone explain to me how "the Constitution had been violated" by waiting until all of the votes had been counted before assigning electors. It's happened numerous times in the past (1876 the most notable example), so it's clearly ludicrous to say that there was something Constitutionally wrong with counting all of the votes in Florida.
The fact is that Scalia--who calls himself a "strict constructionist"--is always willing to make up reasoning (whether based on a strict reading of the Constitution or not) to suit his needs. He wanted to become Chief Justice, and that wouldn't happen if Al Gore were elected, so he went against the strict reading of the Constitution and made sure George W. Bush won.
We're not going to "get over it." We're going to make sure you never become Chief Justice. Sorry.
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