Jabba the Hatt meets his maker


Scalia may never have been the Court’s chief justice, but he was certainly its self-elected pope.

If Antonin Scalia were ever uncertain about anything, he certainly has all the answers now.

He always thought he was the smartest dude in the room, and there’s certainly no denying his intellect. But that powerful engine was buried to the driveshaft in June 21, 1788, when the Constitution was ratified, and as the nation whose legal foundation it was changed with the times he declined to change with it. An “originalist” indeed. You’d think the thing had been carved into stone tablets and fetched down from Sinai.

Predictably, before the body had cooled the GOP leadership was insisting that the prez follow their lead and not do his job, which includes nominating a new member of the Supremes.

“Leave it to the next president!” the Elefinks trumpet. Um, no. This one was elected to the job, twice, and last I looked he hadn’t cleaned out his desk yet. And the Constitution is pretty clear on the division of labor here, in Article II, Section 2:

The President … shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for. …

The Senate can certainly continue to ignore its duties, for which it should be roundly punished at the ballot box. But the prez seems inclined to shoulder his burden, and thus we continue to see the irresistible force doing battle with the immovable object.

One wonders what the Pachyderms are thinking here, or if. Is this a simple knee-jerk reaction to the man Turtle wanted to make a one-term president? Are they confident that a “reasonable” Establishment Republican (Bush) can take the Oval Office in November and tilt the Court further rightward? Maybe they think they can muscle a prez named Trump, Cruz or Rubio into doing their bidding (maybe yes with the latter, but good luck with the other two).

I’m surprised they’re not shitting themselves at the thought of the Hilldebeast filling that vacancy, or Comrade Eeyore. Were it me pulling those big red levers in the Senate, I’d be inclined to cut a deal with the fairly centrist fellow who has the gig now.

As for Scalia, well, he died as he lived, a creature of the elites, in a 30,000-acre West Texas resort where the rooms start at $350 a night and the little people are kept far, far away.

“If your goal is to get away and not be bothered and be in the lap of luxury,” [Marfa city attorney Teresa] Todd said, “it’s the perfect place.”

Scalia has gotten even farther away from us now. As to whether he’s being bothered, or reclining in the lap of luxury, well, that’s a question for the theologians, not lawyers or journalists.

24 Responses to “Jabba the Hatt meets his maker”

  1. Doug Glondeniz Says:

    A.M.F. Scalia, I wish you had taken 5 deferment DICK with you.

  2. Pat O'Brien Says:

    I wasn’t sure what target would have more appeal to you. Scalia returning to the source or the repug debate. Both were fodder for a Sunday rant.

    A fake spring is busting out down here. Got a nice ride planned for tomorrow and Tuesday. Wonder when the next snow will hit? At least I am not snowbound in Kentucky. I hope you are not reading this but out with Herself on the Paseo del Basque.

  3. Steve O Says:

    Surprised the lunatic fringe isn’t claiming a pelican brief style conspiracy is afoot. The Kenyan mooslum soshalist is running out of time, going to pack the court on the way out.

    • Pat O'Brien Says:

      Give them a few minutes Steve. They will come up with some wacko conspiracy to blame his death on Obama.

    • Patrick O'Grady Says:

      Oh, it’s already started, gents. I’ve seen a few references to the Dastardly Feddle Gummint Conspiracy to Silence Patriot Scalia on Twitter and Facebook. Frightening to think that these people have the vote. Also, drivers’ licenses.

      • Steve O Says:

        I used to think, the country needs these simpletons. Someone’s gotta watch Survivor, keep the Bud and Miller from piling up on the Class XI shelves, and change those “billions of burgers sold” signs. But at the end of the day, they’re just not worth the O2 consumption.

      • larryatcycleitalia Says:

        Well, you know what my wife says….

  4. khal spencer Says:

    Perhaps the Elefinks in the Senate should indeed cut a deal with Obama. They won’t get a better one with either of the Dem candidates, and the way the GOP debates are further degenerating into an Animal House style food fight, I think they are handing the election to the Donks.

    • Patrick O'Grady Says:

      I think Charlie Pierce is already applying for Canadian citizenship. Writes Chuckles: “I’ve heard more coherent dialogue from cats mating in an alley.”

      • khal spencer Says:

        That quote says it pretty well. As far as Scalia, I dare not badmouth a recently deceased fellow Sicilian lest I have dreams of sleeping with the fishes.

        I saw Scalia once back in the 1990’s. He was debating Prof. Nadine Strossen, who was then the ACLU president, off in Honolulu as part of a Hawaii ACLU event and as a card carrying member, I was there and quite fascinated. The two of them could have easily passed as good friends. Regardless of Scalia’s temperment on the bench or his somewhat antediluvian point of view, he was a fascinating speaker, good debater, and apparently put friendship ahead of politics.

        I do wonder who will replace him. Nina Totenberg commented last night that as of right now, there are only three die hard conservatives (Thomas, Alito, and Roberts) on the bench. If the Rethugs in the Senate are not careful, one could have a spate of 5-3 rulings depending on where Assoc. Justice Kennedy lines up.

  5. Bill Britton Says:

    Y’all might appreciate this little poem, written by a good friend under his nom de plume:

    As the gaping jaws of Hell receive another of their own,
    and he goes to reap the yield of all the evil seed he’s sown,
    as he’s welcomed by the demons with malicious glee and mirth,
    and is numbered with the Pluto-crats whose work he did on Earth,
    as the burdens of the poor now lose a little of their weight,
    and albeit his demise arrives some thirty years too late:
    set your feet in nimble motion, raise your arms into a wave,
    in a figurative dance upon the rotten bastard’s grave.

    — Philbert McPhudge
    (With apologies to, well, Philbert McPhudge)

  6. Jeff Cozad Says:

    I really don’t think we’ll see a recess appointment, but it can happen. Man… That would make some heads spin.

    I’ve been telling folks all along that appointing the next few Supremes is the real issue of this election.

    • larryatcycleitalia Says:

      That’s why I’ll send a few bucks Billary’s way if the fight against the Rethugs looks close. I was afraid enough of the Romneybot last time to even put in a bit of work for the Obama campaign – sure hope it doesn’t come to that this time round.

    • Pat O'Brien Says:

      I would suggest that besides presidential judicial appointments, the real issue of this election is flushing the congressional toilet. It will all depend on eligible voter turnout. And I think that will take Bernie’s name on the ballot. If it’s billary and jeb, the oligarch’s chosen ones, then we are screwed for 4 more years.

  7. md anderson Says:

    Don’t I wish, oh don’t I wish, that somehow there was a ball gag and leather involved. For Bush v Gore alone there should be a special place in Hades living room for Scalia, ideally surrounded by the shades of all the dead from Iraq and Afghanistan.

  8. Mike Frye Says:

    According to NPR you might be a little off on your assumption. he actually worked in getting a lady on the Supreme Court and he didn’t care if she was diametrically opposed to his way of thinking, He just wanted some one smart to be a justice.


  9. Pat O'Brien Says:

    I agree Mike. They were friends, for a long time. Yet, they voted mostly along strictly partisan lines which benefits no one. I am not a lawyer or expert on the constitution, but I do read and refer to it. It doesn’t seem partisan to me. In 2014 Justice Roberts said that Scalia and Ginsburg were confirmed by a unanimous Senate vote when appointed, but he doubted if either one could be confirmed in today’s partisan gridlock. And he worried about congressional partisanship spilling over into the Supreme Court. Looking at their decisions in the past 10 years or so, I think it already has except for a few decision where Roberts broke the tie. Obama said he will not appoint someone during the current congressional recess. Let’s see if the senate returns the favor. I doubt they will because it is an election year, and that is all they care about. They have been unwilling to perform even their most basic responsibilities for well over a decade. I don’t expect them to start doing their job now.

  10. Pat O'Brien Says:

    Patrick, please excuse the change of subject. Eighty yesterday, 81 predicted for today, a new record if it happens.

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