america's favorite justices

Antonin Scalia Was Wrong To Uphold Everything, Will Now Destroy Everything

Remember this, yeah you doOnly a day or several days or a week until the Supreme Court saves America from the scourge of universal health care… or doesn’t? What’s for sure is that Justice Antonin Scalia is going to vote against it like a motherfucker, because he is a Tea Party Republican. You may recall how our nation’s foremost legal experts for years had been suggesting that Scalia would vote to uphold based on precedent and his past rulings in favor of an expansive reading of the Commerce Clause. For Scalia now to vote against ObamaCare would mean that he’s completely changed his mind and now rejects 70 years’ of court rulings. And look at this: Scalia has a book coming out in which he says he’s completely changed his mind and now rejects 70 years’ of court rulings!

From TPM:

In Scalia’s new book, a 500-page disquisition on statutory construction being published this week, he says the landmark 1942 ruling Wickard v. Filburn — which has served as the lynchpin of the federal government’s broad authority to regulate interstate economic activities under the Constitution’s Commerce Clause — was improperly decided.

Wickard, you say? That’s the one that Scalia himself enthusiastically drew from to support the expansive Commerce Clause ruling in 2005’s Gonzales vs. Raich, the case that got all those legal eagles thinking he’d vote to uphold ObamaCare. But he won’t, because he now hates everything:

At the time, Scalia emphatically agreed, writing in his concurring opinion that “where Congress has authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective.” The Reagan-appointed justice’s decision upset libertarians who saw Raich as a squandered opportunity to limit the 70-year trend of reading the Commerce Clause expansively and giving the federal government broad authority when it comes to national economic regulation.

In the preface of the book, Scalia, writing about himself in the third person, concedes that he “knows that there are some, and fears that there may be many, opinions that he has joined or written over the past 30 years that contradict what is written here” in the health care ruling, the Times reports. He notes that while precedent factored into some of them, in other cases it’s “because wisdom has come late.”

Okay, yes, it’s just Scalia. Will four other justices join him in going “Full Legal Wingnut” though and just start dismantling the entire regulatory state with this comical new precedent they unleash in the ObamaCare ruling? Probably, we say, because we have no idea.

[TPM]

About the author

Jim Newell is Wonkette's beloved Capitol Hill Typing Demon. He joined Wonkette.com in 2007, left for some other dumb job in 2010, and proudly returned in 2012 as our "Senior Editor at Large." He lives in Washington and also writes for things such as The Guardian, the Manchester paper of liberals.

View all articles by Jim Newell

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  • nounverb911

    Did Scalia get some flipflops from Romney?

    • ProgressiveInga

      Jimmy Buffet libel!

    • http://whatthefuckhasgopdonesofar.com/ Ayn Rand Paul Tard

      Only since the President flipped from Republican to Democrat and from white to black. See, you give people a little freedom and this is what they do.

  • BaldarTFlagass

    Flip-flopper.

    • http://www.facebook.com/pages/Johnny-Appletruth/133951326629923?sk=wall deanbooth

      Nope, the Founding Fathers did; and Scalia intuits their new intention. It's just like when Jebus flip-flopped about slavery in 1865.

  • skoalrebel

    Look, the basic constitutional principle here is this: if a nigger wants it, then it ain't constitutional. [spit!] This is what makes Scalia such a fine constitutional scholar. I plan to explain more of this in my Teabaggers Guide to the Constitution. You're welcome, America!

    • http://simplyleftbehind.blogspot.com/ actor212

      Will there be a Kindle edition, too? I want to save a tree.

      • skoalrebel

        What's a Kindle? Is that some kind of gay homo thing?

        • BaldarTFlagass

          Yepper.

        • http://simplyleftbehind.blogspot.com/ actor212

          It's Amish

      • mavenmaven

        No, he's against electricity as well. Is it in the Constitution? Then he's against it.

    • HippieEsq

      Chapter 1: Read 2nd Amendment
      Chapter 2: Make up the rest
      Chapter 3: Bring yer Gun.

      • not that Radio

        Chapter 1 was stricken, in the interest of brevity. Chapter 3 makes reading redundant.

        • HippieEsq

          solid point.

          But I forgot Chapter 4: "The Tenth Amendment means whatever I need it to mean."

    • Schmannnity

      Which clause covers hoverounds?

      • HippieEsq

        The (complete opposite of) Supremacy Clause.

    • sullivanst

      if a nigger wants it, then it ain't constitutional.

      Ah yes, the White Supremacy Clause.

  • http://www.vinoverve.com Maman

    I am thrilled to hear that he listened to the merits of the case before making a decision anything else would have been imprudent. augh.

    • sullivanst

      Well, the thing he considers to be of utmost merit is whatever result he wanted in the first place.

  • Mittens Howell, III

    "Wisdom came late" — Insert Scalia eye-jism blingee right there.

    • Callyson

      "Wisdom came late"

      I see what you and Scalia did there, unfortunately…

    • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

      That's why Justice wears a blindfold.

  • http://simplyleftbehind.blogspot.com/ actor212

    Perhaps a little Second Amendment reinforcement of consistency is to be considered here.

    Not that I'd endorse any injuring of a SCOTUS, just that he should be reminded that gun registration laws have been upheld for decades despite very clear arguments against them from First Principles asshats like, well, Scalia.

    • Antispandex

      You know, I am very seldom known to be serious about anything here at the old comment hole, but this subject pisses me off. The Court has never been about protecting anyone's rights. It was formed so that the Federalists would have a means of ensuring that the dirty commoners were never able to over rule the wealthy simply by voting. Hence, life appointment… and hell, APPOINTMENT. Second amendment solutions will never work though. The political right wing has convinced the left, that the right only applies to them. I feel better now. Back to the snark.

  • ProgressiveInga

    NOW will Wickard finally apologize to Filburn???

    Or vicey-versey.

  • CapnRadio

    Considering his age and weight, it'd be foolish to expect Scalia to uphold anything.

  • Lionel[redacted]Esq

    Scalia has always been good at walking the fine line between his personal ambition and what is wanted by his corporate overlords.

  • HippieEsq

    SCOTUS precedent is as reliable a predictor as the color of my dog's (Earl Warren's) turd.

  • Not_So_Much

    Scalia is a fucking wicktard. Go have a hunting experience with Cheney already. Take your Clarence puppet with you.

  • http://www.wonkette.com ManchuCandidate

    He's for a Rigid (with a stick up the ass of the stick up his ass) strict interpretation of the constitution until someone pays him not to.

    • An_Outhouse

      the someone paying him is the stick thats up his ass. That's the way he likes it.

  • Lionel[redacted]Esq

    Have any of you ever thought about how terrible all of this would be if the Court doesn't strike down the health care law? Just think how uppity Obama would be then?

    • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

      Why, we'd see nothing but his nostril hairs for months!!

  • Mittens Howell, III

    "In Scalia’s new book, a 500-page disquisition on statutory construction …

    *Kathunk* … snore

    • Butch_Wagstaff

      No shit. That's going to be one hell of a remaindered book.

  • Schmannnity

    He took the words right out of Clarence Thomas' mouth.

    • elviouslyqueer

      He took the words struck the dick right out of Clarence Thomas' mouth.

      There. Fixed that for ya.

  • CapnRadio

    He notes that while precedent factored into some of them, in other cases it’s “because wisdom has come late.”

    This makes a whole lot more sense when you realize that "Wisdom" is the nickname of Scalia's favorite rentboy.

  • Jus_Wonderin

    Oh, I get it, Scalia Decisis? But, flip all the principles.

  • Schmannnity

    This is great news. My breakfast sausage didn't have the same flavor without human thumbs.

    • Generation[redacted]

      As long as those human thumbs all come from within the same state, the feds need to stay out of it.

  • GregComlish

    Good news for Sarah Palin: Wickard v. Filburn gives her a great opportunity to prove her intelligence with her mastery of the word "fungible".

    • Jus_Wonderin

      I bet she will get this confused with fungerbil which was introduced to the lexicon by Todd.

      • RedneckMuslin

        This has all been refudiated.

  • Blueb4sunrise

    Are we going to be tested on this?

    • scvirginia

      I believe the test has begun, and you must respond during these last few minutes left to us…

  • http://ifthethunderdontgetya.blogspot.com/ ifthethunderdontgetya

    Republican Supremes to overturn Republican health care insurance mandates because President Mandingo passed 'em.

    Filmclip at 11.
    ~

  • Schmannnity

    Bye Bye Civil Rights Act of 1964.

    • anniegetyerfun

      It hampers LIBERTY, anyway.

  • Goonemeritus

    Go ahead shoot it down and see if single payer isn’t what you get for your trouble. He will go down in history as the guy that put an end to the private medical insurance industry.

    • scvirginia

      From your lips to FSM's ears.

    • bureaucrap

      Wish you were right, but not a chance. If anything, the Republican House will move to dismantle Social Security and Medicare NOW since the court will dismantle it next year anyways.

  • ChernobylSoup

    His brief needs more pelican.

    • http://twitter.com/iburl iburl

      I'd love to sick a pelican in there.

  • Mittens Howell, III

    When that piece of shit book comes out I'm totally driving a bus around and around it.

    *Beep-Beep-Beep*

  • bureaucrap

    Say goodbye to the social welfare state, say hello to the survival of the fittest. In the new world, it will help you enormously if you are physically impervious to environmental pollution, physically fit enough to not require health care, and rich enough not to need social security.

    • http://wonkette.com/ outragedcitizen

      If it's survival of the fittest means you get to take the other guys stuff then I got it made cause I know I can take at least one of the Kock brothers.

  • Estproph

    "In the preface of the book, Scalia, writing about himself in the third person…"

    Insufferable twunt warning.

    • http://simplyleftbehind.blogspot.com/ actor212

      Actor212 concurs

  • SorosBot

    Yay now he can declare those pesky minimum wage and child labor laws unconstitutional again, and tonight we're gonna party like it's 1929!

    • Jus_Wonderin

      It would be glorious (or horrifying) to see the tangent universe that allows Republican's to do whatever the fuck they want. This is the exact reason we can't have interdimensional and parallel universe excursions.

    • anniegetyerfun

      I've always wanted a pair of leather boots that were hand made by toddlers. Let it begin!

  • mavenmaven

    The Koch Bros will take care of Scalia and Thomas very nicely afterwards. That's their commerce clause.

    • JHRayne

      I'm sure they have already.

  • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

    Scalia continues his statutory rape of the Federal Government.

    • Schmannnity

      It's worse than that; the rape of a 223 year old.

      • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

        (I edited on ya, but it still works!)

  • http://twitter.com/iburl iburl

    Do you want a black president, or do you want the supreme court to neuter the federal government entirely? Those are the choices.

    • http://krisbunda.com/blog/index.php Designer_Radio

      I thought Scalia LIKED black presidents, since he decides who gets to be president after all the Florida ballots are cast. Musta thought Clarence was running, they all look alike.

  • http://wonkette.com/ weejee

    In return for an Amazon payday, Scalia in one broad stroke turns his CV into parakeet cage parquet for all of history forever and ever. Splat, too, also.

  • BerkeleyBear

    See I thought he'd try to thread the needle more carefully, so he'd have the Raich opinion to fall back on when necessary to beat up pot heads. Specifically, I thought he'd write a partial dissent that found the mandate unconstitutional but did so on a bullshit definition of "commerce" that in his mind preserved Wickard in other contexts. This basically signals he couldn't reconcile Wickard with his newfound hatred of Federal power. Still, he'll find some way to find Raich completely different than Wickard when he needs to (i.e. when the GOP has control of Congress and the WH).

    Still, I know Kennedy doesn't agree with him on Wickard, and Roberts has claimed precedents of that age deserve greater deference (although his record is less than stellar), so there's a good chance that the ACA will be upheld in the end. Or we should all start planning to have Social Security and Medicare wiped out as violative of Congress' powers, too.

    • sullivanst

      his newfound hatred of Federal power.

      Gee, I wonder if that had anything to do with the increase in Presidential melanin content between Gonzales v Raich and now…

    • scvirginia

      "..so he'd have the Raich opinion to fall back on when necessary to write his next bestseller to say he is still getting older and wiser"…

      There- now, doesn't that look just as plausible?

  • Baconzgood

    If who-ha's fell under the Commerce Clause what do you think then?

    • http://simplyleftbehind.blogspot.com/ actor212

      Clearly, you don't date much if you think they aren't already "commerce"

  • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

    So if I write a big, long, boring tome justifying my crimes in advance, can I skate at trial?

    • An_Outhouse

      as long as it reinforces whatever the theme of the Bilderberg party was that year. And make sure the ghostwriter is related to somebody important.

    • Schmannnity

      Mein Kampf? Bad example.

    • Generation[redacted]

      Before you go and pick up Scalia's book, be aware the blurb on the back cover says, "I have a gun, I'm in fear of my life and I will shoot you."

      • Chick-Fil-Atheist™

        Foreword by Dick Cheney.

        • Generation[redacted]

          "I literally could not put this book down." –George Zimmerman

    • JHRayne

      What trial, lol. Besides, those judges would just 'receive payments' from Koch, Inc, as well.

    • http://Wonkette.com DemmeFatale

      You can only skate at trial if you're white.
      (Sorry, my friend.)

  • MissTaken

    Oh that Scalia, being all kinds of intellectual again!

  • TootsStansbury

    Why do the black robed fascists hate big insurance so?

  • Antispandex

    "This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent."

    This is the kind of decision we can look forward to, until the present crop of conservatives on the court die off….or maybe a sort of a "Dred Scott, 2012". Whatever.

  • Allmighty_Manos

    I think things starting going wrong with the Magna Carta.

    • Generation[redacted]

      The Magna Carta was signed under duress, therefore SCOTUS has ruled it to be invalid.

      • sewollef

        And the proponents of the document that 'forced' King John to acquiesce, for the most part, hated the document and didn't agree to it anyhow. It remained valid for barely three months.

  • freakishlywrong

    And Barry is tyrannical?

  • tjwdraws

    Is there anything in Commerce Clause about Supreme Court Justices making rulings based on what might sell the most books?

  • BarackMyWorld

    I wish him no physical harm, but when I look at Scalia I do think "Surely this man cannot live forever."

    • Jus_Wonderin

      I pray they don't get that "head in a jar" thing perfected.

    • Dashboard Buddha

      It will just seem like forever.

    • RedneckMuslin

      Satan's lived for a long time so there's that.

      That is, if you believe that kind of shit.

  • JHRayne

    You got that second sentence backward. It should read, "What’s for sure is that Justice Antonin Scalia is going to vote against it like a Tea Party Republican, because he is a motherfucker."

  • rickmaci

    If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,” … , then indeed is our Constitution a complete felo de so. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they may please. — Thomas Jefferson in letter to Judge Spencer Roane, Nov. 1819

    Exhibit 1 to Jefferson's argument about the despotic nature of the power of the Supreme Court post Marbury v. Madison, Scalia Mussolini.

  • Billmatic

    Antonin Scalia means Sentient Turd in Italian.

    • scvirginia

      Funny, my Italian dictionary says "yellow onion"…

    • Estproph

      So it almost describes him, other than that sentient part.

  • An_Outhouse

    Scalia needs to DNA test the dick that's stuck up his ass in order to make a decision.

  • Exhausted66

    I can't write about Scalia without thinking about back hair. Soooo much backhair.

  • Baconzgood

    This is his way of saying "I'm not upholding any thing nigger but a lynching rope" eh?

  • Flat_Earther

    Scalia is an originalist except when he is not; and he is not when being an originalist does not fit his particular brand of judicial activism.

  • randcoolcatdaddy

    Scalia … a merely annoying skin condition or unsightly wart upon the American Constitution? You decide …

    • Dashboard Buddha

      I say both

    • sullivanst

      Neither. Scalia's actively harmful, not just ugly.

    • Buckminster

      More like a bleeding hemorrhoid on the ass of the nation.

  • MissTaken

    So I can legally grow medical marijuana in my backyard in a state with legal medical marijuana again? Yay!

    Oh, wait, that doesn't help big pharma? Never mind.

  • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

    Creeping Scalia.

    • scvirginia

      S'okay, we got plenty of snake oil to take care of it.

    • http://simplyleftbehind.blogspot.com/ actor212

      Oh man! Even Weed-B-Gone won't get that shit out. You need a flamethrower!

      • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

        I refer, of course, to Backdoor Scalia Law! I am sure the dietary rules on pasta preparation are unreasonably strict!

  • not that Radio

    Nobody expects the 500-page Disquisition!

    • Baconzgood

      Our chief weapon is fear. Fear and changing our minds. Our two chief wepons are fear and changing our minds and ruthless devotion to to Right Wing idology. Amongst our wepons are fear and changing our minds are and ruthless devotion to to Right Wing idology and our nice black robes. DAMN! Um, I'll come in again…

      • not that Radio

        Perfect.

  • BaldarTFlagass

    “because wisdom has come late.”
    You know what else comes late? Dementia.

    • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

      haha

    • Baconzgood

      Periods too also.

      • Blueb4sunrise

        MOAR MELVINS!!!!!!!!!!!!!!!

        • Baconzgood

          I like you Stuart. You're not like the others…Here, in the trailer park.

          • Blueb4sunrise

            HA!!!!!!! The Soil!!!!!!!!!!!!!!!!!

            [I cheated….damn , I know that…….what's that from…what's that from…]

  • Poindexter718

    Wop Whitman: "Fangul! I contain multitudes."

  • Indiepalin

    The Court made another improper decision when it upheld Kramer v. Godzilla (1980).

  • anniegetyerfun

    Was a black president involved in Wickard? You Honor, I rest my case.

  • Gopherit

    "What’s for sure is that Justice Antonin Scalia is going to vote against it like a motherfucker, because he is a Tea Party Republican."

    That's some grade A prime newell right there.

  • JustPixelz

    And by coincidence Clarence Thomas has a book on the same subject coming out at the same time. And — SURPRISE — Thomas completely agrees with Scalia. He even uses the same words.

  • SayItWithWookies

    You know Scalia's a good Republican because his principles always conform to his immediate need. And that motherfucker could write a 500-page disquisition in his sleep, so even if he hadn't started before the case was argued in front of the Supreme Court, this is still an after-the-fact justification of his antipathy to — what is it again? Oh yeah — ensuring the general welfare. I'm sure he's heard that phrase somewhere before.

  • http://loljazzcatz.blogspot.com/2012/06/introducing-bad-note-millstones-of-jazz.html Chet Kincaid

    Commerce Claus, aka St. Tony, the swarthy, jolly man in festive black robes, is coming down the chimney to take away all your Band-Aids! Merry fucking Christmas in July!!

  • http://whatthefuckhasgopdonesofar.com/ Ayn Rand Paul Tard

    As a Supreme Court justice he's not very appealing.

  • owhatever

    From now on, nothing but entertainment stars on the Supreme Court. At least we can like them, and they couldn't fuck things up any worse. Stephen King's 500-page disquisition would be more interesting than Scalia's.

    Justices Lindsey Lohan, Madonna, Will Ferrell would usually vote as a three-some and Chief Justice Morgan Freedman would cold nail that role. Justice Charlie Sheen would have the hottest clerks, and Justice Chris Rock would shout about white people. Just an idea. After all, W nominated his cleaning lady.

  • http://sciencekick.blogspot.com valthemus

    "… he now hates everything…"

    And we hate him. Symmetry is beautiful.

  • real_dc_native

    At least Antonin Scalia is not one of those Activist Judges

  • banana_bread

    I love you forever for reusing my picture. My e-peen grew three sizes this day.

  • real_dc_native

    You know how we could save the tax-payers a lot of money? Skip the whole trial thing, The Supreme Court justices could just poll our corporate overlords about how the court should decide on each issue and then write their decisions in the form of books. The pundits can buy the books that they will never read but use to support even more wing-nuttery on TV so the Congress knows hos to legislate. And all the corporate overlords will be happy. (I'm moving to Canada or Poland maybe).

  • Me_K_Cong

    “where Congress has authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective.”

    "Every power"? Commerce trumps all? Scalia should have known he would have to eat that sentence some day. His 500 page book is just the appetizer.

    • pepperpat

      Samuel Johnson?

  • Me_K_Cong

    Ya know who else had to write a book to justify their crazy beliefs?

    • real_dc_native

      Karl Marx?

    • bikerlaureate

      Jenny McCarthy ?

    • lulzmonger

      L. Ron Hubbard?

  • crybabyboehner

    This is sound marketing. You got to beat that competition.

  • JackObin

    Scalia is a believing catholic. Anyone know his straight jacket size?

  • ttommyunger

    Thank you, Wonkette, for not posting an actual picture of this skin-bag. I was dreading having to actually witness his visage again when I clicked on the link. This person is the personification of everything that is wrong with mankind.