Antonin Scalia: RIP

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Cragar

climber
MSLA - MT
Feb 17, 2016 - 03:36pm PT
Hey John E....

I heard that a law was passed in the late 70's that allowed/was essentially the same as Citizen's United. If so, why was Citizen's United introduced to begin with? To reinforce weak elements of the existing law?

So if this is true why do folks get in an uproar about Citizen's United if it wouldn't actually change much of anything? It seems to me that if folks want to attack a particular ideal/law they would start with the precedent?

I am not a legal scholar or know much about that world; it might be a dumb question but thought I'd ask a lawyer fellow.

Anyway, enjoy that green Valley while it's GREEN!

Craig Fry

Trad climber
So Cal.
Feb 17, 2016 - 03:53pm PT
And all these undisclosed donations worth 100s of millions are being funneled into Non-Profit organizations that are Tax exempt!!!

The IRS was looking into it since they were not providing a public service and were political organizations, which is not the purpose of a Non-profit orgs.

But it then exploded into a lying smear campaign against the IRS and Obama by the Conservative media.
Sick f*#kers.

Crossroads GPS run by Karl Rove will not disclose any of the donations to him, and it's all tax exempt.

There is no justification for allowing this to be legal, it's completely counter to the intentions of the founding fathers.


Most of the money that goes to Republicans buys smear ads against their competition, and since it's undisclosed!!

Smearing campaigns against the other side have been proven to be a voter suppression technique

Just like making both sides seem the same,
"The Dems and Repubs are the same, there is no difference, they're all bad and corrupt"
it promotes voter apathy..
blahblah

Gym climber
Boulder
Feb 17, 2016 - 03:59pm PT
If by original intent you mean the state of affairs that existed in 1788, then things break down quickly. Anyone in the original intent camp think the 2 amendment only applies to single-shot, smooth bore, muzzle loading muskets?

Because the 2nd Amendment doesn't say or imply "arms currently in existence" or anything to that effect.
Obviously the founders lived in a time of technological change and smooth bore, muzzle loading muskets don't grow on trees, they were invented.
It's absurd to think that the founders expected that technological innovation would somehow end at the time of enactment of the Bill of the Rights--there's no justification in originalism that would support your interpretation of the 2nd Amendment.
(There is a pragmatic argument that modern weapons change the calculus that went into the 2nd Amendment, and it would be good public policy to repeal it, but that's not a question of originalism.)

Here's a brief summary: you are right that originalism does not answer every question that courts must consider and that even two judges who are fairly applying some reasonable strand of originalim would necessarily come to the same conclusion in every case.
The great liberal canard is that that means that conservative judges who apply some form of originalism and seek to exercise judicial restraint are equivalent to the libs who say that the Constitution means whatever the most liberal justice a liberal president can sneak by the Senate says it means, and that all governmental power in the US (which has no limitations--see the lib interpretation of the Commerce Clause) should reside in SCOTUS, which deigns to let the states and other branches of the fed government act on unimportant matters.
JEleazarian

Trad climber
Fresno CA
Feb 17, 2016 - 04:43pm PT
Those criticizing Scalia's use of original intent attack a straw man. As I explained earlier, Scalia always started with the language of the provision in question. Only if the language was ambiguous did original intent come into play.

I repeat, yet again, my challenge to anyone criticizing the majority opinion in Citizens United to reconcile their criticism with the holding of the Warren Court in New York Times Co. v. Sullivan, holding that the New York Times Company (that metaphysical entity) had its freedom of the press infringed by the libel laws of the state of Alabama.

John
Jaybro

Social climber
Wolf City, Wyoming
Feb 17, 2016 - 06:11pm PT
apogee

climber
Technically expert, safe belayer, can lead if easy
Feb 17, 2016 - 06:47pm PT
^^^
Bwahaahhahahhaaaaa!

Stronger evidence has never been produced.

God is a Democrat.
kattz

climber
Feb 17, 2016 - 06:51pm PT
Is "god" an operative on someone's payroll?...I mean the pillow over the face and no autopsy.
Crimpergirl

Sport climber
Boulder, Colorado!
Feb 17, 2016 - 06:52pm PT
Do only Scalia and I sleep with a pillow on our head? I am surprised that everyone finds that crazy.
kattz

climber
Feb 17, 2016 - 06:56pm PT
So, he had placed a pillow over his own head and then just died from "unspecified chronic conditions" as Cinderella Guevara said. Happens every day. Every school kid can agree. (Why not declare suicide?) No autopsy.
Crimpergirl

Sport climber
Boulder, Colorado!
Feb 17, 2016 - 07:00pm PT
It was reported that a manager at the El Paso funeral home where Scalia’s body was taken said that his family made it clear they did not want one. Generally the dead person's requests are respected.

He was 79. He had a chronic heart condition. His family didn't want it. I guess if someone had seen Spock there I could understand the questioning of why no autopsy. Beyond that I don't see any problem or conspiracy.

Edit: Unless I'm a ghost, people can place a pillow on their own head and not commit suicide.
kattz

climber
Feb 17, 2016 - 07:03pm PT
His family might not want one, sure. But this doesn't mean there shouldn't be one. Family might not want one for variety of reasons, and not the good ones.

Yes, happens to Supreme Court judges every day....just head to a luxury expensive resort without clarity who paid for that and why they went there, place a pillow over their head and just die, from "unspecified causes".

Since causes are 'unspecified', the public may speculate suicide, then, or a "deal gone bad'
apogee

climber
Technically expert, safe belayer, can lead if easy
Feb 17, 2016 - 07:18pm PT
Maybe he couldn't sleep with all of the Texas gunshots going off all around him.
Crimpergirl

Sport climber
Boulder, Colorado!
Feb 17, 2016 - 07:24pm PT
I have not managed to figure out how to take of photo of myself sleeping.

I sleep with a pillow on my head when I'm on my stomach. Not when I'm on my back (that would be unpleasant I think). YMMV. Doesn't make it false for me.
BLUEBLOCR

Social climber
joshua tree
Feb 17, 2016 - 07:49pm PT
i guess they got him in the ground now...

RIP Antonin Scalia.

Condolences to the family,wife,9 children,and 28 grandchildren.
zBrown

Ice climber
Feb 17, 2016 - 08:15pm PT
See that pillow. When she is not using it I sleep on my back with the pillow covering my eyes, which are in my head. So yes I do sleep with a pillow on my head at times.

Also works great if you're sleeping during the day and want to keep out the light. Some folks use 'em for headaches.



I have heard that the reason there was no autopsy of Scalia was that all the doctors said "I wouldn't touch him with yours".

He is reputed so have been infected with the Ebola virus (rectally).

stevep

Boulder climber
Salt Lake, UT
Feb 17, 2016 - 08:42pm PT
The guy who owns the ranch has been correcting the media...he said the pillow was over Scalia's head. Over meaning above, not on top of and smothering. What idiot assassin would leave the pillow in the smothering position?
zBrown

Ice climber
Feb 17, 2016 - 09:22pm PT
And as far as blocking out light whilst napping, nothing beats a well placed black shirt.

Guess you're not an aficionado of Big Hair.





Let's get back on track though. Where was Clarence when Scalia expired?





Ken M

Mountain climber
Los Angeles, Ca
Feb 17, 2016 - 11:16pm PT
It was reported that a manager at the El Paso funeral home where Scalia’s body was taken said that his family made it clear they did not want one. Generally the dead person's requests are respected.

Having signed many hundred death certificates, I can authoritatively say that "the family" has no part, whatsoever, in whether an autopsy is done to determine the cause of death by authorities. This would be done by the County Coroner, or assigned pathologist, at County expense.

A family MAY choose to have their own autopsy done, but that has nothing to do with the issue by the authorities. This would be done by a private pathologist, hired and selected by the family.


Required autopsies

An autopsy may be required in deaths that have medical and legal issues and that must be investigated by the medical examiner's or coroner's office, the governmental office that is responsible for investigating deaths that are important to the public's health and welfare. Deaths that must be reported to and investigated by the medical examiner's or coroner's office can vary by state and may include those that have occurred:

Suddenly or unexpectedly, including the sudden death of a child or adult, or the death of a person who was not under the care of a doctor at the time of death.

As a result of any type of injury, including a fall, motor vehicle accident (MVA), drug overdose, or poisoning.

Under suspicious circumstances, such as a suicide or murder.

Under other circumstances defined by law.
Craig Fry

Trad climber
So Cal.
Feb 18, 2016 - 08:15am PT
I also sleep with a pillow over my head...
Why?

to drown out the Noise, I hate any noise when I'm trying to fall to sleep

I may snore, but of course that doesn't keep me awake. it's my wife that snores

and our puppy snores
and the rain
the jets
the black helicopters
rottingjohnny

Sport climber
Shetville , North of Los Angeles
Feb 18, 2016 - 08:22am PT
I've tried pillows, sleeping pills, hypnosis...The mind- control radio waves from planet Weiner won't stop...I'm turning into a loon...
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