Quick Note on Justice Scalia

Nobody has lukewarm feelings for Justice Scalia - either you love him or you hate him....w/r/to his judicial posture. Though there are a number of people who dislike him on the bench, but nonetheless find him to be a 'colorful' character and enjoy reading his sarcastic dissents. In short - you like him as a person.

It should be noted that I have a very difficult time separating 'the person' from 'his or her beliefs' - I can do it - it just takes a little effort.

Yesterday, in a rancorous discussion with a Scalian classmate, where this classmate claimed that Scalia was a good guy....I got to thinking:

I'm officially changing my position on Scalia, the nice guy - He's an asshole - Maybe he's a fun read on occasion, but that won't save him from asshole-dom in my book. You see, I can 'respect' difference of opinion - but what I won't respect is condescention and disdain for groups of people who come to the court asking for "Equal Justice Under the Law". Case in point - Lawrence v. Texas....an opinion near and dear to my heart.....(also a 23rd birthday present from Justice Kennedy)

The court kicked the shit out of Bowers v. Hardwick (Fuck You Justice Powell), sorry for the digression, but I can't talk about Lawrence and not quote my favorite passage:

Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.

Anyway - the bottom line is that Rehnquist, Scalia & Thomas dissented. Now to my point (finally) - Thomas (whom I usually disslike) said that it (anti-sodomy law) was a stupid law, and the if he were in the Texas Legislature he would vote to rescind it, but that he didn't believe that the Constitution empowered him to do so judicially. Hey I disagree, but it's a respectable position. Scalia on the other hand went through several pages trashing gay people and offered support for the law - all while claiming that he didn't dislike gay people in general. Yeah, can we say disingenuous.

I've always found that [Scalia's] dissenting opinion so....I guess "hurtful" would be the right word....we all know that you're not going to support gay rights...ever, but why do you have to be sooo mean & demeaning about it. I just don't think that is the type of thing that a 'good guy' would do.

So there you have it - I've tried to like Scalia - tried to be open-minded, but upon further examination - it's over between him & me - we're through, and I can't wait for history to judge his ass - he's going to look like a dissenting judge would have, had there been one, in Brown.

Eat it Scalia.