Squalid Scalia

An online definition of squalid goes as follows:

(of a place) Extremely dirty and unpleasant, esp. as a result of poverty or neglect.
Showing a contemptible lack of moral standards.

I apply it to Justice (ha!) Antonin Scalia, in general but with regard to today’s arguments concerning same-sex marriage.

Reportedly, Scalia asked Ted Olson, a conservative arguing in favor of supporting the overturning of Prop. 8 in California (thus arguing in favor, more broadly, of same-sex marriage), “When did it become unconstitutional to prohibit gay marriage?” (This is a paraphrase.) Then he offered a couple of dates when this might have (not) occurred. Olson’s answer was a question, “When did it become unconstitutional to prohibit mixed race marriages?” Scalia’s answer was to tell Olson not to answer questions with a question. Ah, the highest court in the land. High on what, who knows?

Scalia positions himself as an “originalist.” He likes to go back to the original text of the C. itself, and to founders’ intent. Grudgingly, he agrees to look at amendments. By the way, wouldn’t founders’ intent require cloning? Yeah, sure, there are letters and the Federalist Papers, but still, those are incomplete. We’d have to have live cranial video of what the founders were thinking when they signed the C. Even cloning wouldn’t cut it because, for the sake of argument, let’s assume we could bring a Founder back to life. First question: How’s it going? Second question (for Jefferson): “What gives you the right to own slaves?” Third question:”What was your intent when you …?” So, Big Tom gives us an answer: “My intent was to . . .”. Why would we believe his account?

But of course one good rhetorical answer to Scalia’s question is not the question Olson asked but an imperative: “Show me when and where the Constitution explicitly prohibited same sex marriage.” Scalia would then have to talk about, well, obviously, back then, gay people didn’t get married, yadda, yadda. Yeah, fine, but show me where that gets us into the text of the Constitution, Moe. (He reminds of Moe in the Three Stooges.)

This is all a rhetorical (in the negative sense) exercise on my part because, in part, Scalia’s mind is squalid, not to mention made-up. It is dirty and unpleasant as a result of neglecting reason in favor of politics. He’s just a GOP hack. He shows a contemptible lack of moral standards. It is immoral to go on hunting trips with Cheney (also unwise) and then claim there is no conflict of interest when you hear (but not listen to) a case involving Cheney. Etc.

Please know I don’t think much of the rest of the Court, either. With the exception of Ginsburg, they all seem like robed clowns too much taken with themselves. And poor Justice Thomas has become a smoldering boulder of self-loathing. Breyer is a gasbag. So is Kagan. Kennedy sits his ass on the fence, guaranteeing no one respects him.

Still, Scalia is a cut below–especially with his lame “originalist” posturing.

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