Scalia: Where does the Court get the "audacity" to contradict Dumbellyou?

[BurtWorm]

Maybe from the same place Congress derived the audacity to confirm a mole like Scalia to the Court.

From the NY Times:

http://www.nytimes.com/2006/06/29/washington/29cnd-scotus.html?pagewanted=2&ei=5094&en=1aa0983620edfa9b&hp&ex=1151640000&partner=homepage

Justice Scalia responded in scathing language to the majority's reasoning on this point. He quoted President Bush's order creating the tribunals, which declared them to be necessary "for the effective conduct of military operations and to prevent terrorist attacks."

"It is not clear where the Court derives the authority — or the audacity — to contradict this determination," Justice Scalia wrote.

[Bridget Burke]

1. After all, the Supreme Court elected him....

Shouldn't they continue to grant his every wish?

[meegbear]

2. Yes and if President Gore created tribunals ...

I'm sure you'd be right behind him, Tony.

[niyad]

3. ummm, maybe from the fact that SCOTUS is a CO-EQUAL branch of

government, whose function is to oversee and comment on the legality of the actions of the other two CO-EQUAL branches?

what in the HELL are we doig with a justice sitting on the bench who is so completely clueless about his job????

[WhiteTara]

6. has there ever been an impeachment of a

Supreme Justice? He can set the precedent if not. That man has to go.

[niyad]

7. maybe he could have a heart attack or something and just spare us

all the BS

[WhiteTara]

36. one problem with that...presupposes he has

a heart! :rofl: No, really.

[Geoff R. Casavant]

28. There have been impeached Supreme Court justices, IIRC.

But I recall someone on DU, when the whole "Sicilian gesture" thing was happening, pointed out that his stubby swollen fingers were indicative of congestive heart failure, so he may not be long for this mortal coil in any event.

[malaise]

12. That is a serious question n/t

[Supersedeas]

4. huh? audacity to decide a Presidential election but no audacity for due

process....say what your Hhhhhhhhonor

[Richardo]

5. Four words: "It's your job, dumbass."

:eyes:

[sinkingfeeling]

8. Hey Scalia, ever heard of the the 'rule of law' this country's supposed to

be based on? Please check your job description; you are supposed to enforce those laws!

[wondermanus]

9. Best line of the article

is "Mr. Stamp said the court had ignored its own precedents justifying the use of tribunals instead of courts martial, and was substituting its own judgment for the president's in his role of commander in chief. "For the court to step into the war-making arena, where it has no expertise, is inappropriate," he said."

Bush has "expertise" in war-making? I'll grant you he has expertise in deserting, cowardice, and completely screwing up, but in war-making? Shows you how desperate Bushbots are when they're told they're going to have to abide by American law and values.

[wryter2000]

23. Welcome to DU

:hi:

[Mythsaje]

10. Hey, Scalia!

Here's a gesture I'm sure you'll understand!

[diamondsndust]

18. wanna borrow this??

[Mythsaje]

20. Well, it's not the same gesture HE used...but close enough.n/t

[Master Mahon]

11. My opinion about what Scalia thinks

[Mythsaje]

26. Yep...that's the gesture to which I was referring...

[Time for change]

13. Ok Scalia, you *ing bag of horse manure

The authority was derived from our Bill of Rights, which is part of our Constitution. Oh sorry, I realize you're not familiar with that document, but generally Supreme Court justices are supposed to be familiar with it. Anyhow, the Constitution makes no mention of the position of King. I realize that you have a vested interest in this, since you installed this particular king yourself, but most of us would rather live in a democracy with constitutional protections.

[bushmeister0]

14. According to Cheney's Cheney, David Addington:

The only authority in this country is the President. Raw story wrote a while back:

"David Addington, believes in the Unitary Executive theory. If you guessed that this meant the power of one CEO who decides liberty and justice for all, you wouldn't be far off. It's not too far from King of Everything, really."

http://alternet.org/blogs/themix/27514

If I were the five who voted in this ruling, I'd be packing my jammies for a little trip to that tropical resort known as Gitmo!

[Avalux]

15. Scalia is vile - and should be impeached.

I vote we start a movement to impeach the motherf*cker. :mad:

[treestar]

32. You're right, and it would do a lot more good than merely impeaching

Dumbellya, since Scalia can be wreaking havoc into his dotage that Dumbya cannot.

[Grateful for Hope]

16. He is such an idiot

words cannot describe...

[wryter2000]

24. The problem is he isn't an idiot

He's very bright and clever, and he gets two votes -- his own and Idiot Thomas's.

[Grateful for Hope]

30. Good point n/t

[Solly Mack]

17. Well, see...this is real simple

Bush can convene a military tribunal:Article 21, UCMJ

What Bush can't do is create one. Bush can't make up laws/rules/regulations regarding military tribunals. Which is exactly what he did...he created his own rules and broke existing law.

Bush has to follow existing federal laws regarding military tribunals and he has to follow existing international law.

Now, granted, the UCMJ is federal law and thereby subject to Congressional tampering (Congress can modify/change it)...which should serve as a caution with this particular Congress currently serving. There will be those who will jump at the chance top modify federal law to allow Bush his own brand of military tribunals.

Course, Congress will have to create laws that change existing federal laws protecting/guaranteeing rights(due process, right to attorney, right to see the charges against them, etc.) to do so, as well as changing the federal laws in the UCMJ regarding the procedures of military tribunals. They will also have to circumvent international law as well.

but back to Scalia's question

The court dares...because the court can rule on what is and isn't Constitutional. I would have thought you, Scalia, would know that already...considering you sit on the court. Guess you're a bigger idiot than I thought.

[Solly Mack]

35. correction needed

Husband caught my error...and boy do I feel like a clone. Article 21 refers to court martials


I knew the difference...which makes me feel more the clone.

[myrna minx]

19. Aw...perhaps he'll just blow off some steam with an orgy...

:puke:
http://www.law.com/jsp/article.jsp?id=1096473931020
He made a similar remark in a speech Sept. 20 in Washington, to chuckles from the crowd at the conservative Ethics and Public Policy Center, while making the point that judges can have personal moral judgments. It is not judges' role to impose them on citizens, he said.

"Let me make it clear that the problem I am addressing is not the social evil of the judicial dispositions I have described. I accept, for the sake of argument, for example, that sexual orgies eliminate social tension and ought to be encouraged," Scalia said with a smile.

[ThomCat]

21. When is Scalia going to stop pretending

and just come right out and say he's working from an agenda? When is he going to just come out and announce that he's trying to justify a theocratic autocracy?
:grr:

[wryter2000]

22. Ye gods

I hope Ginsburg smacks him around with her purse.

[displacedtexan]

25. Here's Scalia's job description...

The U.S. Supreme Court is the highest court in the land. Its members, appointed for life, have the power to decide controversial cases. --snip--

Unlike Congress or the presidency, the Supreme Court is not supposed to be a "political" institution. It must remain neutral in order to settle legal issues, interpret laws, and decide the meaning of the Constitution. Supreme Court justices should not allow their personal or political views to color their decisions. Neither should they permit themselves to be influenced by presidents, other politicians, or popular public opinion. To help assure the justices' independence, the Constitution provides that they serve life terms unless they resign, retire, or are removed for misbehavior.
LINK

[Caution]

27. The US Constitution dumbass. Checks and balances remember?

I can't wait til this fucker retires.

[Hubert Flottz]

29. If Tony is too stupid to know that he is not fit to serve...

Impeach him for being too goofy!

[treestar]

31. He is such an ass

He could have made his point with the same sentence leaving out the "audacity" part. Sticking that in showed how unjudicial and unprofessional he is. "Audacity" is not a legal term or a legal standard.

[Justice Is Comin]

33. Uhm

Scal....have you noticed your talk appearances haven't been going too well either?

[katty]

34. F*** him! he lost