Thursday, June 28, 2012

Justice Scalia Oversteps

Justice Scalia does not have the judicial temperament to sit on the high court.  The issue is not his conservatism.  To the victor go the spoils.  Elections matter.  Republicans appoint conservatives to the court, while Democrats seek progressive jurists.  As an aside, a big negative shout out to those Naderites who inadvertently have some responsibility for the Citizens United decision.

Judicial temperament requires having an open mind.  A judge must approach issues without prejudging and without letting emotion overwhelm reason.  Importantly a judge must only consider those matters properly before the court.  When the justices were concerned about an issue not covered in the Affordable Health Care case, they requested that the issue be briefed and argued.

Justice Scalia's  attack on the Obama executive order which defers enforcement with respect to certain individuals who came to this county as children, in the recent decision on the Arizona Immigration law,  is beyond the pale.   The matter was neither argued nor briefed.  The order came after oral argument in the Arizona case.  The ship of state is ill served by this shot over the bough aimed at the Commander in Chief.

This was previously published.  It is republished to consolidate all posts on this blog.

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