- Jul 25, 2014
- Reaction score
- Los Angeles area
- Political Leaning
I don't agree with everything Justice Scalia says, but I have the greatest respect for his intellect. When he was assigned that landmark decision in Heller, I know damned well he fully realized just how important and controversial the Second Amendment was, and he pulled out all the stops in his opinion for the majority. It is one of the finest pieces of legal analysis I know of--organized, detailed, comprehensive. He made a very powerful case, and he did it in straightforward, precise language. It is not easy reading, but I hope everyone who values this fundamental right will spend a little time to study what he said. It's fun to watch a master at work. His arguments, one after the other, on every part of the amendment, supported by every conceivable kind of evidence, are very, very hard to find holes in. About as easy to do that as to hit Clayton Kershaw's "A" curveball. Here is Heller:This is very good. It also shows the veneration for SCOTUS is wholly misplaced: they as a group failed this test for over 70 years. Hopefully, we're at the start of an era when the damage will be undone. Striking down the NFA framework, Brady bill, and FFL stranglehold on sales would be a good start. At the very least, some of the more idiotic provisions and stamp tax requirements (SBR, SBS, suppressors) will go away.
The typical collectivist dope's veneration of the Supreme Court, which is usually based on some piece of garbage like Obergefell or Roe, really IS wholly misplaced. All the same, some members of the Court deserve our respect. We are very lucky to have at least three bright stars there--Justice Scalia, Justice Alito, and the brightest of all, I think, Justice Thomas. He is the one who so often uses a case as the opportunity to make some creative, sensible suggestion about how the Court should view this or that in the future. His dissenting opinion in Obergefell takes a milder tone than the other three, but in a way it bites even harder. Read its careful, scholarly analysis of what due process has meant in English and American law since Magna Charta 800 years ago, and you will see, right away, how the decision in Obergefell is a complete fabrication by Justice Kennedy.
The sad thing about Kennedy is how damned good he has been, when he has wanted to be. He has written some very difficult, complex decisions and gotten everything right. But when it comes to abortion or gay rights, he forgets all his standards and sounds like he's writing an article for the urban paper they give away at the bong shop.