Scalito's Way
It's okay to strip search 10 year olds who aren't even accused of a crime.
The quantum of evidence to find didscrimination in the workplace is higher than that necessary to impose the death penalty.
The federal government has greater power to interfere with individual's reproductive decisions than it does to interfere with corporations' need to make money.
Prognostication of the day: Scalito is going to go down the only question is how: (1) will Specter join the Dems and block him from getting out of committe; (2) will he fail for inability to get the support of 51 Senators; or (3) will he make it to the point where the Democrats filibuster him. The third pick ... Albero Gonzalez.
The quantum of evidence to find didscrimination in the workplace is higher than that necessary to impose the death penalty.
The federal government has greater power to interfere with individual's reproductive decisions than it does to interfere with corporations' need to make money.
Prognostication of the day: Scalito is going to go down the only question is how: (1) will Specter join the Dems and block him from getting out of committe; (2) will he fail for inability to get the support of 51 Senators; or (3) will he make it to the point where the Democrats filibuster him. The third pick ... Albero Gonzalez.
posted by Macswain at
10:57 AM
5 Comments:
I'm gonna go 180 with you on this one and say that the more likely option is that Scalito does pick up the confirmation nod, with the trip the the committee being the hardest bid. But that's not a complete 180, it's still too early to tell, and right now I'm thinking the odds for his confirmation is only slightly better than for him getting shot down.
You can expect to see a full write up on comments.
By
Kyle E. Moore, at 12:44 PM
You'll be hearing a lot about Scalito's dissent to the 3rd circuit's en banc opinion in Sheridan v Dupont (1996).
His dissent relies on legal arguments rejected in two later SCOTUS decisions.
In his Sheridan dissent, Scalito disagreed with the majority holding that proof of the elements of the prima facie case and proof of pretext are always enough to defeat an employer's motion for summary judgment in an employment discrimination case.
Scalito's position was rejected by the Supreme Court's 9-0 opinion in Reeves v Sanderson Plumbing (2000).
Scalito's Sheraden dissent also argued that the employee prove that discrimination "was a determinative cause of the challegned action." That too was rejected in a SCOTUS 9-0 decision,
Desert Palace v Costa (2003), which holds that "motivating factor" is the correct standard.
What baffles me about guys like Scalito is what draws them to the positions they adopt? It's not
"conservatism," which I understand is a reluctance to make change. Instead, they adopt a perverted activism, siding with the powerful against the weak, the rich against the poor, the state against the individual.
By
Anonymous, at 4:13 PM
A nice summary of Scalito's hostility to all things fair:
http://www.townhall.com/blogs/capitolreport/TimChapman/story/2005/10/31/173672.html
By
Anonymous, at 4:35 PM
http://www.townhall.com/blogs/capitolreport
/TimChapman/story/
2005/10/31/173672.html
By
Anonymous, at 4:38 PM
After reading macswain's prediction on the Alito conformation I would like to make two of my own.
1. He gets confirmed after I hard long fight.
2. The left gets mobilized and motivated, leading to them taking back more seats in the mid term elections, then they would have with out Alito.
By
SacramentoVoice, at 6:43 AM
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