General Discussion
In reply to the discussion: Is there any movement to repeal the second ammendment? [View all]Major Nikon
(36,827 posts)The question came to him. His job as a SCOTUS justice is to stand as one of 9 final arbiters to questions posed to the court. Regardless of what argument you think Scalia should have made, the only thing that matters is what argument he actually did make because that was the argument that was addressed by the dissent.
Scalia is an originalist who believes that the Constitution should reflect the ordinary meaning of a reasonable person who lived at the time it was written. Scalia has repeatedly said that if the Constitution doesn't say it, you can't infer it. So even if the 9th Amendment argument had any validity whatsoever (and I'm certainly not saying it does), it is a non-starter for both Scalia and Thomas who are both originalists. Scalia's argument was that the 2nd Amendment specifically included the right of self-defense, calling it "analogous" to other state constitutions which actually did specifically include such language (as you have already pointed out). Stevens, the other dissenting justices, and the best legal minds in the country tore Scalia a new asshole for his decision, and what was his response? Fuck you, I'm a SCOTUS justice and you're not. That was his answer which only proves what a complete fuckup he is. He's a hypocritical asshole who rails against "activist judges", then becomes one when it suits his ideology and simply ignores his critics. Both him and Thomas have no business as SCOTUS jurists and neither should have ever been confirmed. Even Bush knew what fuckups Scalia and Thomas are. That's why neither was made Chief Justice and never will be.