Scalia

[RSTRICK30]

I have a hard time believing that the guy would want some milquetoast liberal replace him. He said that he hoped his replacement would have the same beliefs as him.

He also once said that he would like to lock up flag burners...but knew that it would be unconstitutional to do so.

I guess the question I'm asking is whether or not Scalia would read the word, "Shall" (i.e. "he shall nominate .....judges of the supreme Court" in Article II as meaning, "must" or "will", rather than "may".

 

[danmcguire]

Well for one - he was bff's with RBG and to a lesser extent Kagan. Just because they disagree with their interpretations of the law doesn't mean he can't get along with them.

But mostly because in 2008 when there was a seat open he sought out David Axelrod and pushed for Kagan to get the open seat (it went to Sotomayor but Kagan was appointed in 2009) because he knows/respects those who have a good legal mind.

http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/

But hey, keep reading/listening to what the talking heads on TV tell you to believe about Scalia and how he was such a bad guy and had a conservative agenda behind all his decisions.

I get my information on Scalia mainly from two sources: his written opinions and a New Yorker interview from a few years ago. None of that, or your examples, sheds any light on whether he would want President Obama to appoint a replacement now or have it done by the next president.

 

[YourBuddyRayhad]

I'll never understand how a man sustains Scalia's contempt for gays as long as he did.

There's just such an ugliness in that viewpoint, an almost purposeful lack of compassion.

 

[danmcguire]

He also once said that he would like to lock up flag burners...but knew that it would be unconstitutional to do so.

I guess the question I'm asking is whether or not Scalia would read the word, "Shall" (i.e. "he shall nominate .....judges of the supreme Court" in Article II as meaning, "must" or "will", rather than "may".

Are you reading a temporal requirement into that then? How long? If Obama had a week left in office, would he be obligated to nominate someone? A day?

 

[NovaHoops2002]

I get my information on Scalia mainly from two sources: his written opinions and a New Yorker interview from a few years ago. None of that, or your examples, sheds any light on whether he would want President Obama to appoint a replacement now or have it done by the next president.

Well I took your question as would he want Obama to appoint a liberal leaning judge or wait until the next President (potentially a Republican) so they can nominate a conservative leaning judge. So I understand where you are coming from, but I think that Scalia would want the best person available for the job - political ideology aside. He was a big proponent of a more diverse Supreme Court.

http://www.nytimes.com/2016/02/16/u...-in-his-successor-a-dissent-offers-clues.html

 

[NickleDimer]

Could we also delay the presidential election until we get some candidates that aren't total f*ck-ups?

 

[RSTRICK30]

Are you reading a temporal requirement into that then? How long? If Obama had a week left in office, would he be obligated to nominate someone? A day?

I'm not reading anything into it...I'm wondering if an "originalist" would assert that "the President" and "shall" are pretty clear nouns and verbs in terms of who may make nominations to the supreme Court and whether or not they are obligated to do so.

I'm no "originalist" though,so...............I say let Bernie make select the next Big Shot Judge!

 

[danmcguire]

I'm not reading anything into it...I'm wondering if an "originalist" would assert that "the President" and "shall" are pretty clear nouns and verbs in terms of who may make nominations to the supreme Court and whether or not they are obligated to do so.

I'm no "originalist" though,so...............I say let Bernie make select the next Big Shot Judge!

What does "shall" mean in this sentence "No person shall eat a peach on public property without permission from the Mayor."? Shall can mean: must, may, should, will or is entitled to.
ps you mean textualist, not originalist.

 

[RSTRICK30]

What does "shall" mean in this sentence "No person shall eat a peach on public property without permission from the Mayor."? Shall can mean: must, may, should, will or is entitled to.
ps you mean textualist, not originalist.

In my work, we frequently use the word "shall" when preparing trust documents. In those instances, never does "shall" equate to "may" or "should"....but nonetheless perhaps that's what the Founding Fathers meant after all in terms of appointing justices.

What do I know, I'm just an accountant....if only America had a constitutional scholar in a position to make such a determination......

 

[danmcguire]

In my work, we frequently use the word "shall" when preparing trust documents. In those instances, never does "shall" equate to "may" or "should"....but nonetheless perhaps that's what the Founding Fathers meant after all in terms of appointing justices.

What do I know, I'm just an accountant....if only America had a constitutional scholar in a position to make such a determination......

You should use "will" instead. Note: free advice from a lawyer is often worth what you pay for it.

 

[RSTRICK30]

ps you mean textualist, not originalist.

You're right.

 

[danmcguire]

Take a look: http://thelawdictionary.org/shall/
http://www.abajournal.com/magazine/article/shall_we_abandon_shall

 

[NickleDimer]

I never thought I'd see the day that our board fashion and golf patriarch issued a tjc-like semantics argument.

 

[RSTRICK30]

Take a look: http://thelawdictionary.org/shall/
http://www.abajournal.com/magazine/article/shall_we_abandon_shall

I'm NOT bringing that to the next departmental meeting.

 

[danmcguire]

The word shall is an issue in my profession. I am currently involved in a case with a judge who won't let the word appear in any order he signs due to its ambiguity; if a party submits a draft order with shall in it he replaces it with will or must or may as appropriate.

 

[danmcguire]

I shall not bring that to the next departmental meeting.

Fixed

 

[TheFoyeEffect]

I'll never understand how a man sustains Scalia's contempt for gays as long as he did.

There's just such an ugliness in that viewpoint, an almost purposeful lack of compassion.

Being born in the 1930s to a staunchly Catholic Sicilian family could do that. I don't think that Ruth Bader Ginsburg and Elena Kagan would have enjoyed his company so much if he was.

That being said, I honestly don't think he was that much of a homophobe. I have this I think he was a more skilled version of ball or dmill. Someone who said things that were intentionally provocative for the sake of doing so.

 

[Novacatt94]

Did ball make the short list?

Although being a white male will immediately rule him out unless he is gay.

 

[TheDean]

Scalia's death is a huge, stinking, upper-decker log in the toilet an hour after ten 10 crunchy volcano supremes eaten by Burrs - and Obama has his finger on on the flush lever.

The G.O.P. is done.

Bye-bye!

 

[catFANatic80]

So funny to watch the GOP backpeddle...god Obama owns them.., beats them every time on the obstructionism... I am betting before its all over he gets his nominee confirmed.

 

[CWertz]

So funny to watch the GOP backpeddle...god Obama owns them.., beats them every time on the obstructionism... I am betting before its all over he gets his nominee confirmed.

Sticky keyboard, ah?

 

[NovaHoops2002]

http://www.nytimes.com/2016/02/23/us/politics/24-years-later-joe-bidens-words-haunt-democrats.html