A Tribute Thread to SC Justice Scalia

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(02-15-2016, 05:19 AM)Bengalzona Wrote: He should have known more about the law and the Constitution. But he didn't always show it.

I am not happy that he died. That is unfortunate. I am relieved that he is no longer a SC justice. Not because he was conservative. But because he sometimes said inflammatory things just like a politician rather than a SC justice.

Is the stand alone comment taken out of context? I don't think so in that it never really fit into the context of the rest of his statement (and if it did, he deserves double the criticism for saying it). His point, as I understand it, is that he didn't believe that lower courts should be further burdened by people already convicted submitting new evidence of their innocence. It could be assumed that he meant someone else, such as higher courts, should assume that burden. Do you believe that is what he meant? If that is the case, then that statement doesn't fit and was probably rendered for some sort of shock purpose.

But if that wasn't what he meant, if he actually believes that someone already convicted should have no further recourse if new evidence is presented supporting their innocence.... well....

And why would we be left wondering what he meant?

This may come as a shock to you, but many times SCJs interpret the law when giving their affirmation/distentions based on how they interpret the law and not always their personal opinion. If you think a professed Christian would want to see an innocent person die then there is where we disagree. IMO his words merely spoke to the rule of law.
Despite recent developments SCOTUS's job is the interpret the law, not make them.