Let's remember him as the man who opposed marriage equality and help to appoint George W. Bush president. http://www.theguardian.com/law/2016/feb/13/supreme-court-jus... "Maybe, in death, Scalia will meet the original Constitution framers and find out their true intent. Assuming they too are burning in hell" -- https://twitter.com/lindsaygoldwert/status/69863873479173324...
As someone who strongly supports marriage equality and read the full opinion when it came out, I was kinda dismayed to find the dissent a more convincing argument. Did anyone else experience this?
U.S. Supreme Court Justice Antonin Scalia has died
61–70 of 382 posts
Re: U.S. Supreme Court Justice Antonin Scalia has died
#62Earlier quoted context omitted.
Unlikely to be correct re: nomination, though it's difficult to know how the election will effect the confirmation process, and vice versa. Kagan was nominated May 2010 and confirmed August 2010; Sotomayor was nominated May 2009 and confirmed August 2009. I'm inclined to expect a nomination sooner rather than later, potentially of a candidate with very strong Democratic support. If Republicans oppose the nomination,…
> If Republicans oppose the nomination, that could be used as political leverage against them during the election. "Them" being Republicans, or Democrats? Trying to understand.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#63Earlier quoted context omitted.
Well it's your site, so you can do what you want, but allowing these political threads is, in my opinion at least, really dragging down the quality of conversation across the site. It attracts users whose main contribution is willingness to initiate and prolong political flamewars.
There are far fewer outright political stories than there used to be. Probably fewer than ever, in fact. So if discussion quality is being dragged down, something else is dragging it. As for this post, experience has taught us that when a story crosses a certain magnitude, there's no stopping it from getting discussed on HN, so we may as well have a single thread.
I find that really difficult to believe, but you'd have access to stats and I don't. Maybe just confirmation bias on my part, or maybe disagreement on what's "outright political."
> As for this post, experience has taught us that when a story crosses a certain magnitude, there's no stopping it from getting discussed on HN, so we may as well have a single thread.
Fair enough, I suppose.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#64This will likely result in a major political shift of the court. Even if Obama places a staunch centrist, it will be a net left swing, as Scalia was perhaps the second most conservative justice beside Thomas. There have been a great deal of 5-4 decisions since Sotomayor's nomination that in the future could easily fall the other way.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#65Re: U.S. Supreme Court Justice Antonin Scalia has died
#66(edit: Actually, can't think of too "many" things off the top of my head where I fully disagreed with him. I did enjoy reading his written rulings)
In the coming days, it'll be interesting to see retrospectives on how Justice Scalia ruled on such issues as tech privacy and censorship. For example, in Brown vs. Entertainment Merchants Association (2011), Justice Scalia wrote the majority opinion which said that "video games qualify for First Amendment protection"
https://en.wikipedia.org/wiki/Brown_v._Entertainment_Merchan...
edit: More context on the ruling if you don't feel like clicking through: The 7-2 opinion struck down a California law that banned the sales of video games to minors, which had been signed into law by (of all the ironies), Republican Governor Arnold Schwarzenegger.
Basically, the court saw video games as art:
> Like the protected books, plays, and movies that preceded them, video games communicate ideas—and even social messages—through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player's interaction with the virtual world). That suffices to confer First Amendment protection.
As described by Wikipedia:
> Scalia's decision also stated that the current self-moderated industry standards like the ESRB are operated effectively to regulate the sale of more mature games to minors, and that "filling the remaining modest gap in concerned-parents' control can hardly be a compelling state interest" requiring a law to enforce.
The two dissents were Justice Breyer (considered a liberal justice) and Justice Thomas, who is seen just as much of the conservative base as Scalia is. According to Wikipedia:
> Justices Clarence Thomas and Stephen Breyer dissented, each authoring a separate dissent. Justice Thomas, in his dissent, considered that historically, the Founding Fathers "believed parents to have complete authority over their minor children and expected parents to direct the development of those children," and that the intent of the First Amendment "does not include a right to speak to minors (or a right of minors to access speech) without going through the minors' parents or guardians."
Justice Alito and Roberts, the 2 other conservative members of the court, concurred with Scalia's opinion, but had reservations about being too lax in regulating the content of video games:
> "There are reasons to suspect that the experience of playing violent video games just might be very different from reading a book, listening to the radio, or watching a movie or a television show," referencing the book Infinite Reality which highlights the psychological effects of virtual reality, and argued that the decision "would not squelch legislative efforts to deal with what is perceived by some to be a significant and developing social problem.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#67Let us honor Justice Scalia's memory by refraining from interpreting or contextualizing any prose for the remainder of the day.
EDIT: Dear me. I hope the downvoters are just doing it randomly, and not pissing on Scalia's memory by actually interpreting my prose!
Re: U.S. Supreme Court Justice Antonin Scalia has died
#68A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
But that's the process for one candidate. The whole process of replacing a candidate will take longer.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#69Earlier quoted context omitted.
Dancing on a dead mans grave is sadly what I have come to expect for the foot soldiers of love and equality.
I don't think any of us are "dancing on his grave," but rather dancing on him no longer being on the bench. Surely we don't know him personally, but as a Justice, he was a smart but horrendous man and I couldn't be more grateful he's no longer occupying a seat.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#70Earlier quoted context omitted.
I don't think any of us are "dancing on his grave," but rather dancing on him no longer being on the bench. Surely we don't know him personally, but as a Justice, he was a smart but horrendous man and I couldn't be more grateful he's no longer occupying a seat.
We will have to wish you to burn in hell when you pass also then. As a gesture of our compassion and humanity.