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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:33 AM
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Breyer, Scalia explain why they often disagree
Breyer, Scalia explain why they often disagree

By MARK SHERMAN, Associated Press Writer Mark Sherman, Associated Press Writer Wed Mar 24, 7:25 am ET


WASHINGTON Justice Antonin Scalia tends to see things as black or white. Justice Stephen Breyer sees a lot more gray.

When contentious decisions come down at the Supreme Court, Breyer and Scalia are almost always on opposite sides. On Tuesday, they tried to explain why their differing views of judging so often lead them to opposite conclusions when the topic is abortion, the death penalty, gay rights or physician-assisted suicide.

Breyer, 71, and Scalia, 74, have done this before, but never at the Supreme Court. They took the bench at the invitation of the Supreme Court Historical Society, with a moderator between them, and jabbed at each other for more than an hour.

snip...
Under Breyer's view of the Constitution, judges sometimes must be guided by more than the language of laws, if the words are ambiguous or embody a value that must be applied to specific circumstances.

Breyer said his way allows the court "to better carry out that initial intent that this document will in fact govern a changing society as society changes over the course of centuries."

Scalia's text-based approach focuses on giving a fair reading to the words of the Constitution as they were meant when they were written.

"I know a whole bunch of rights that have been found in the Constitution that the people never voted for," he said. "That's what's happened through the device of looking at the purpose of the provisions and saying we have to keep the Constitution up to date."

more...
http://news.yahoo.com/s/ap/us_supreme_court_opposing_ju...



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NJmaverick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:36 AM
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1. To put it in terms Scalia would understand- Scalia=bad : Breyer=good
That's why they clash all the time
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Wickerman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:43 AM
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2. and that is what makes Scalia so dangerous
He believes he is reading the Constitution and gaining it's intent with no filters.

Breyer, a wise man, understands that we all have our own filters and bais and it requires careful and thoughtful consideration to apply them to a present day cases.
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Happyhippychick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:48 AM
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3. Black and white thinking is the pattern of 4 year olds and Republicans.
Literally, I'm not kidding. Inability for critical thought is rampant in that party and it separates the great minds from the weak ones.

When my daughter started middle school I told her this: I don't care about your grades, I don't care if you get the answers right, I just care that you learn how to THINK.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:49 AM
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4. Until it comes to giving corporations civil rights
Well then we have to completely concoct rights that the founding fathers actually spoke against.
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 10:58 AM
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5. scalia being 74 means...
that either Obama gets to replace him after the next election or who ever replaces Obama does it.

I hope it's Obama. Put in a young Lib.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 11:00 AM
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6. Neither of these men have notable intellects, imo. nt
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