solidstatemind said:
And before you bag on Scalia, you should read some of his opinion statements. Just because he is a conservative and anti-judicial activism doesn't mean that he is closed to the idea of gaming as a protected form of media. Labelling people that way is lame and is part of the reason the United States is in such a crappy political situation these days. I mean seriously, how is "Conservative must be bad guy" any better than the bullshit jingoism that the Tea Party tries to push on people?
300lb. Samoan said:
Hey, Scalia's always been on the side of liberty. Yes his views on torture are repugnant but you can always count on him to defend our right to free speech. I imagine he only supports torture because he believes that speech needs to be shaken loose every once in a while.
Onyx Oblivion said:
You are surprised about Scalia how, exactly?
I get the sense it's engendered by the ThinkProgress/DailyKos/NYTimes habit of setting up snap judgements. If someone doesn't agree with your conclusion they are therefore evil and stupid, and therefore you should expect them to choose evil every time. Don't bother with any reasoning.
Scalia is a strict constructionist. Sometimes I think he's the only Justice who answers with "what
does the Constitution say", not "what would you
like the Constitution to say." Even in the (apparently hot around here) "Torture" discussion, Scalia's opinion is not "Hey I think torture is cool and we should do more of it." It's "Interrogation is not the same as punishment and therefore it's not forbidden." I'll bet you if we passed an anti-torture amendment he'd be the first to stop government abuses. But that's really OT.
So I can get why reasonable people would find they usually disagree with him. Originalist interpretation can be an impediment to getting things done. (At least as far back as
Congressional Government written in 1885 by Woodrow Wilson.) But come on, anyone who's surprised which side Scalia took here needs to do more reading and less judging.
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Slightly different Topic: Bob, you made me laugh with the "Nah, they totally went that way." I was incredulous at the setup but you walked me into it.