THE GUY'S ON FIRE  3:50 pm June 25, 2012

Scalia: If States Can Resrict Those Freed Slaves, Then Why Not Messicans?

by Jim Newell

That's TONY SCALIA thereThe Supreme Court conducted a vile smear against the noble state of Arizona today by shooting down most of SB 1070, the law that restricts illegal Mexicans from existing. Our old pal Antonin Scalia, writing the dissenting opinion, simply didn’t care for his peers’ decision. As Scalia sees it, states = sovereign, so states can do whatever they want, however they want it, to keep the filthy Mexicans outside looking in. Where is the problem? Southern states did this all the time with freed slaves, so why can’t they do it with the taco people?

This will go down as one of the great highlights of Scalia 2.0, now featuring more anti-black people precedent:

Notwithstanding “[t]he myth of an era of unrestricted immigration” in the first 100 years of the Republic, the States enacted numerous laws restricting the immigra tion of certain classes of aliens, including convicted crimi­nals, indigents, persons with contagious diseases, and (in Southern States) freed blacks. Neuman, The Lost Century of American Immigration (1776–1875), 93 Colum. L. Rev. 1833, 1835, 1841–1880 (1993). State laws not only pro­vided for the removal of unwanted immigrants but also imposed penalties on unlawfully present aliens and those who aided their immigration.^2 Id., at 1883.

You know what, we can totally believe that that happened. Way to cite it in your 2012 opinion, friend.

[Supreme Court via Matt Yglesias]

 

Hola wonkerados.

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{ 145 comments }

nounverb911 June 25, 2012 at 3:52 pm

Does that mean states can restrict Clarence Thomas too, also?

actor212 June 25, 2012 at 3:54 pm

Can we just cable tie his hands behind him until December?

Fairtackle June 25, 2012 at 3:55 pm

Clarence Thomas stole my bike.

Lascauxcaveman June 25, 2012 at 4:03 pm

Good! That fat schlub could use the exercise. And he should take his buddy Fat Tony with him.

flamingpdog June 25, 2012 at 4:26 pm

He must be selling it. I'm not sure he can ride something with only two wheels, being as unbalanced as he is.

valthemus June 26, 2012 at 2:26 am

That's right! Clarence Thomas is Black! He so eagerly and convincingly pretends to be a WASP I sometimes forget.

Barb June 25, 2012 at 3:52 pm

"Taco people?" We aren't calling them "beaners" anymore?

actor212 June 25, 2012 at 3:53 pm

For rich white folk like Scalia "beaner" sounds too much like the euphemism for BMWs

Barb June 25, 2012 at 3:55 pm

Unless they are gay, then they are "wetcracks"

Chet Kincaid June 25, 2012 at 5:01 pm

Are you turning into a Racist Grandma on us?

Barb June 25, 2012 at 8:26 pm

No Chet, I am not a racist. This is still a snark site, right?
I've been a grandmother for 8 years now.

Flat_Earther June 25, 2012 at 4:05 pm

Scalia actually drives a BMW.

Steverino247 June 25, 2012 at 4:10 pm

Difference between a porcupine and a BMW? The pricks are on the outside of a porcupine.

flamingpdog June 25, 2012 at 4:10 pm

Scalia actually drives? Get the children offa the street, Ma!!!

Cato56 June 25, 2012 at 5:06 pm

"The people who buy BMWs are mentally unfit to operate anything more powerful than an electric shaver." –Jeremy Clarkson, Top Gear

Chill_Bill June 25, 2012 at 3:56 pm

"Taco Benders."

Lascauxcaveman June 25, 2012 at 4:07 pm

I usually refer to my mother-in-law (from Guanajato) as "that taco-taco messican" or "Frito Bandito."

We are unusually close, we two. And I fairly worship her pozolé and molé.

Fare la Volpe June 25, 2012 at 4:15 pm

And I fairly worship her pozolé and molé

Does your wife know!?

Lascauxcaveman June 25, 2012 at 4:21 pm

Ain't nothin' like good home cookin', amirite?

Chet Kincaid June 25, 2012 at 4:59 pm

Leave your intensedebate account open, I'm sure she'd love to read about it.

Negropolis June 26, 2012 at 2:52 am

South Park FTW.

BaldarTFlagass June 25, 2012 at 4:19 pm

"We aren't calling them "beaners" anymore?"

Not when they're within earshot, anyway.

actor212 June 25, 2012 at 3:53 pm

I saw that, and wondered if Scalia was setting up the Romney administration for a return to slavery?

Flat_Earther June 25, 2012 at 4:06 pm

Scalia wants to vote on secession…

MosesInvests June 25, 2012 at 5:04 pm

Original intent, no?

DemonicRage June 25, 2012 at 6:18 pm

According to yesterday's front page story in The New York Times, slavery has been re-introduced. It's called working at an Apple Store, at wages lower than what they pay at Costco.

nounverb911 June 25, 2012 at 3:54 pm

Weren't Italian Immigrant's the Mexicans of their day, Mr. Scalia?

actor212 June 25, 2012 at 3:56 pm

You're thinking of the Irish. The Italians were the negroes of their day.

scvirginia June 25, 2012 at 4:09 pm

I guess Elvis Costello got it backwards in "Oliver's Army"…

actor212 June 25, 2012 at 4:26 pm

That's England. They screw up every hatey thing.

Lascauxcaveman June 25, 2012 at 4:15 pm

Remember back when the Vietnamese were the Koreans of their day? Good times.

Well, maybe not for the Vietnamese.

mavenmaven June 25, 2012 at 3:54 pm

It'll be in his new book "Setting Back Freedom-What We Can Learn from Nazi Jurisprudence"

Fairtackle June 25, 2012 at 3:54 pm

Hmm, Scalia discovers precedent?

ChernobylSoup June 25, 2012 at 4:15 pm

Funny how it's all pre-1861 precedent.

Baconzgood June 25, 2012 at 3:56 pm

You know I don't think he's a nice man.

Chill_Bill June 25, 2012 at 3:57 pm

Isn't that a screenshot from Ann Coulter's autopsy?

Callyson June 25, 2012 at 4:08 pm

I read that as "Ann Coulter's autopussy."

God, I have been reading WAY too much of Wonkette…

Flat_Earther June 25, 2012 at 4:11 pm

Thought bubble for the suited person on the left: “My god Tranny Coulter does have a penis!”

flamingpdog June 25, 2012 at 4:11 pm

Ann Coulter's pregnant? Inquiring minds don't want to know, or even think about it.

LastGasp June 25, 2012 at 3:58 pm

I scanned that first sentence and came away with "Supreme Court … shooting … illegal Mexicans."

Lionel[redacted]Esq June 25, 2012 at 3:59 pm

States used to have a proud tradition of lynching black people, and I don't see a single clause that prohibits that in the Constitution, or would prevent a state from lynching a Mexican if they see fit.

–Antonin Scalia

[And that, Wonketters, if my 6,666 post of the Intense Debate era here at Wonkette, and I also just got p'd on for the 125th time. All in all a good day!]

emmelemm June 25, 2012 at 4:14 pm

Balloons!

Green balloons! {dropping from the ceiling}

Confetti cannons!!!

Lionel[redacted]Esq June 25, 2012 at 4:51 pm

Shucks, thanks.

BaldarTFlagass June 25, 2012 at 4:18 pm

it's nice when the occasional syzygy plays out in your favor.

Lionel[redacted]Esq June 25, 2012 at 4:52 pm

I'm just sort of glad I noticed it when I was looking over my profile. And now I finally feel like I belong here.

sullivanst June 25, 2012 at 5:33 pm

I'm guessing the proportion of the subset of the population which has "syzygy" in their productive vocabulary who are also Scrabble players (or I guess these days "Words with Friends", as if there's a difference) is quite high.

Designer_Radio June 25, 2012 at 9:09 pm

Wha? I'm Hip! I totally knew what that word meant and how to pronounce it without Googling it. A Good SizzleJizzy to you too!

weejee June 25, 2012 at 4:00 pm

ftw

/ wipes coffee dripping from nose

Mittens Howell, III June 25, 2012 at 4:00 pm

Has anyone ever seen Antonin Scalia and Darth Vader in the same room, at the same time?

actor212 June 25, 2012 at 4:02 pm

Why yes, he and Cheney went hunting and fishing together, often, in fact.

BaldarTFlagass June 25, 2012 at 4:02 pm

I wonder what's the number to that phone there on the wall.

Mittens Howell, III June 25, 2012 at 4:05 pm

867-5309

actor212 June 25, 2012 at 4:09 pm

Jenny's looking awfully…ragged. I think maybe she should stop dating every Tom, Dick and Antonin who calls and asks her out.

Mittens Howell, III June 25, 2012 at 4:24 pm

Hey! That's my girl you're talking about.

actor212 June 25, 2012 at 4:27 pm

Rick Springfield? Is that you?

flamingpdog June 25, 2012 at 4:13 pm

Come on, I've watched enough TeeVee to know that every phone number starts with 555.

weejee June 25, 2012 at 4:02 pm

Scalia? Isn't that what you get if you allow a boil on your bum to get badly infected? Sorta like what Limpblow used to dodge the draft?

sullivanst June 25, 2012 at 4:03 pm

Way to make a point by citing precedent that reveals everything that was rotten about the unamended constitution and has since been totally amended away, Tony, you douchebag motherfucker lying twotface.

Chick-Fil-Atheist™ June 25, 2012 at 4:33 pm

…but he's a literalist. Strict interpretist. And hey, did they ever really amend that whole 3/5 thing, or is it in there with a contract rider or something?

sullivanst June 25, 2012 at 5:13 pm

3/5ths wasn't exactly removed, per se, but the "all other persons" category to which it applied was eliminated when Abe Lincoln shifted most of them into the "free Persons, excluding indians not taxed" category and the 13th Amendment completed the process and prohibited them from being moved back.

Negropolis June 26, 2012 at 2:57 am

So, iffin we was to reinstitute slavery, the 3/5ths bullshit stands?

The gears; they are turning…

imissopus June 25, 2012 at 4:03 pm

My favorite part of his dissent is where he cites Article 1, Section 9 and claims it was an acknowledgement of government's power to regulate immigration when it was really the "kick the can down the road" compromise on slavery that the Founders had to agree to in order to get all the states to sign the Constitution. What a jackass.

Toomush_Infer June 25, 2012 at 4:03 pm

Scalia!!! I just met a wop named Scalia….and suddenly it seemed, they shouldn't have let them in….

prommie June 25, 2012 at 4:21 pm

Look what they fucking did to the finance industry and wall street, once they got their greasy noses through the door.

Beowoof June 25, 2012 at 5:11 pm

Also, could have kept Alito out.

bibliotequetress June 25, 2012 at 4:03 pm

I think it's awfully quaint of Scalia to look to the era of raging typhoid and untreatable syphillis, Barbary pirates, casual anti-semitism, and slavery from which the darker peoples of the Americas need escape when he offers his dissent. Perhaps we could ask him to wear a powdered wig and a family of fleas when he sits on the court.

DaveJ June 25, 2012 at 4:57 pm

Yes, the majestic America of 1883, featuring casual racism against virtually everyone, and *overt* racism against guys with names like "Antonin Scalia," for example.

Mittens Howell, III June 25, 2012 at 4:03 pm

He went on to add …'but you can't say Vagina.'

flamingpdog June 25, 2012 at 4:15 pm

'and we must pay for Viagra.'

viennawoods13 June 25, 2012 at 6:46 pm

You mean Viagra isn't a constitutional right?

BaldarTFlagass June 25, 2012 at 4:03 pm

“[t]he myth of an era of unrestricted immigration” in the first 100 years of the Republic,

Kinda like the myth of "all men are created equal," is that what you are driving at?

coolhandnuke June 25, 2012 at 4:05 pm

The consistent voting record of Scalia's adherence to state's rights, proves inconsistent at best. Case in point: Oregon's assisted suicide law in which Scalia was the main voice of dissent in arguing that that Oregon and its' voters had no rights in this issue.

anniegetyerfun June 25, 2012 at 5:03 pm

There you stupid liberals go with your "logic" and "consistency".

MaxUdargo June 25, 2012 at 4:05 pm

I agree with Scalia that we should go back to the good ol' days and live in the America envisioned by the Founding Fathers, when there were no dumb fucking wops serving as Supreme Court justices.

Flat_Earther June 25, 2012 at 4:08 pm

Scalia's rant makes Roberts look weak. He has his own three-member court going on the side.

Negropolis June 26, 2012 at 2:59 am

I've always dreamed that because of this, Roberts would gradually drift away from he other conservatives of the court in a fairly consistent and meaningful way. But, again, that's just a dream. Kennedy makes me madder than a pit of snakes. Is it wrong for me to want another Obama court appointment?

sullivanst June 26, 2012 at 8:58 am

No it's not wrong – I fervently wish that one day Scalia has a cilice-induced fever dream wherein his delusion of God tells him something that the God he should've been reading about in the New Testament might say, and in that epiphany he realizes the dreadful harm he's done and continues to do and does the honorable thing and retires immediately to go join a Benedictine monastery.

Look, mommy, no violence! ;)

Flat_Earther June 26, 2012 at 12:12 pm

Having a Justice write a political rant in in an opinion makes Roberts look like he is not in control. It should embarrass Roberts. Maybe this will push him more toward the center. We’ll see…

Guppy June 25, 2012 at 4:09 pm

States enacted numerous laws

And then Congress "occupied the field." What does this guy do for a living again?

Oh yeah. I need a drink.

Callyson June 25, 2012 at 4:14 pm

Pace yourself on the drinks–remember, Obamacare will be murdered on Thursday…

sullivanst June 25, 2012 at 5:17 pm

He says that doesn't count because states are sovereign, independent nations derp.

SayItWithWookies June 25, 2012 at 4:09 pm

Yeah, I recall states being able to lock up people with TB and weren't whole groups of Japanese folks rounded up and imprisoned one time? Of course, that was a federal thing that that commie FDR did, so it was probably illegal. Nevertheless, since we've done awful things in the past, we should be allowed to do awful things now, is that the basic argument? I wish I'd been astute enough to use that one on my parents when I was a kid — why, I'd probably be buried in a shallow grave by now.

anniegetyerfun June 25, 2012 at 4:09 pm

The idea that there's no real difference between unrestricted immigration and "show me your papers, Jose," is, I believe, fallacious.

Callyson June 25, 2012 at 4:10 pm

the States enacted numerous laws restricting the immigration of certain classes of aliens

Then can we please enact a law restricting the Fucked – Up Five? (Four of the justices can stay…)

Lionel[redacted]Esq June 25, 2012 at 4:10 pm

I'm waiting for Scalia's opinion on health care, where he rules out funding for anything other than blood letting and burning witches at the stakes, because that is all the Founders would approve of.

actor212 June 25, 2012 at 4:15 pm

LEECH LIBEL!

SorosBot June 25, 2012 at 4:10 pm

Now come on now, there's nothing in Scalia's opinion that can be construed as racist, next you'll have a problem with his saying of the Chinese Exclusion Act, "I accept that as a valid exercise of federal power", and citing the Supreme Court cases which upheld it with approval.

AddHomonym June 25, 2012 at 4:10 pm

We must honor our long, rich history of bigotry.

BaldarTFlagass June 25, 2012 at 4:16 pm

OT, but I see over there on the right that over 10,000 people like Wonkette on Facebook. I'm sure glad those Facebook losers all don't try to post here at once.

actor212 June 25, 2012 at 4:19 pm

They're all lurking, worshipping the magnificence that is BaldarTFlagass…

BaldarTFlagass June 25, 2012 at 4:21 pm

So, you reckon those of us that do post here are kinda like the shadows on their Plato's-Cave-wall?

actor212 June 25, 2012 at 4:28 pm

Yes, they are much like the gallery at La Trapeze!

Or so I've been told.

By friends.

flamingpdog June 25, 2012 at 4:24 pm

Hey, some of those Facebook losers are my friends! And one of the ten who show up pictured on my monitor screen does post here. I suspect most of those Facebook losers have jerbs and families, unlike us Winners at Wonkette.

BaldarTFlagass June 25, 2012 at 4:26 pm

C'mon man, you know I wasn't talking about them.

flamingpdog June 25, 2012 at 4:32 pm

I wasn't talking about us, anyway.

timbo71351 June 25, 2012 at 4:17 pm

Retire, you cranky old fuck. And take Thomas with you too.

Rotundo_ June 25, 2012 at 4:54 pm

Simply because they are intellectually dishonest and horribly incompetent in their roles as judges, they will live longer than any of us would expect. Pricks seem to live forever.

Biel_ze_Bubba June 26, 2012 at 7:46 am

Their intellectual dishonesty is why they were appointed. It's a feature, not a bug.

For proof, note the 5-4 party-line decision that it's OK for billionaires to buy elections for Republicans, even in Montana. I have no doubt whatsover these fuckers would have voted the other way, if it was Democrats getting the billions.

I agree, they can't die or retire soon enough.

fuflans June 25, 2012 at 4:18 pm

1833 is the new black.

prommie June 25, 2012 at 4:19 pm

He's just fucking taunting us, now. Motherfucker.

flamingpdog June 25, 2012 at 4:20 pm

By the way, Governor Jan Brewski of Arizoner has already made a public statement about the decision, which summarized in four words was: Illegal immigration – Obama's fault.

Estproph June 25, 2012 at 4:20 pm

I can't wait for Scalia to come out as against the Constitution because it is unconstitutional.

YouBetcha June 25, 2012 at 4:22 pm

Do clogged arteries restrict bloodflow to the brain? Just wondering.

Beowoof June 25, 2012 at 5:19 pm

Yes they do, Scalia, Alito and Thomas are good examples. Roberts has had other brain related incidents.

Negropolis June 26, 2012 at 3:01 am

Yeah, it's called a stroke.

Biel_ze_Bubba June 26, 2012 at 7:48 am

Wondering, or wishful thinking?

BarackMyWorld June 25, 2012 at 4:23 pm

Someone remind him Plessy v. Ferguson was overturned, please, before he decides to cite it next.

Beowoof June 25, 2012 at 5:21 pm

Oh I think Brown is next on Scalia's list to overturn.

sullivanst June 25, 2012 at 5:40 pm

Also that in light of the 13th, 14th and 15th Amendments, Dred Scott is no longer controlling.

BarackMyWorld June 25, 2012 at 7:37 pm

Yeah, but…Originalism!

sullivanst June 25, 2012 at 8:03 pm

It's OK, he can still be the Original Asshole.

savethispatient June 25, 2012 at 4:24 pm

Q: Which one of the Supreme Court Justices is actually Lizard People?
A: Antonin, he's Scalia.

My apologies.

BigSkullF*ckingDog June 25, 2012 at 4:30 pm

I'm glad all my ancestors came from those melanin free foreign countries, unlike that fucking guinea Scalia! Show me your papers!

Chick-Fil-Atheist™ June 25, 2012 at 4:30 pm

Yeah, hey! Since they used to that, let 'em do it again. I mean, who are we to judge?

owhatever June 25, 2012 at 4:38 pm

You boys ain't from around here, are ye? (Cue banjo music)

glamourdammerung June 25, 2012 at 4:40 pm

But do not dare call them racist…

Eve8Apples June 25, 2012 at 4:41 pm

Will Taco People fit in those Doritos taco shells? Is that where John Boehner gets that faux cheese flavored orange color?

Not_So_Much June 25, 2012 at 4:42 pm

But Montana is NOT sovereign with their own campaign finance law?

Fuck you Scalia. Fuck you with a rusty shotgun held by your hunting buddy Dick Cheney's liver-spotted, shaking, heartless hands.

rickmaci June 25, 2012 at 5:07 pm

SKKKalia talking out of both sides of his asshole on the same day. No matter which side, what he has to say always stinks.

gingerland62 June 25, 2012 at 8:53 pm

I've never wished death on anyone, but I do pray(seriously) for the hardening of Scalia's arteries and let the chips fall where they may.

clblabin June 25, 2012 at 4:50 pm

To quote Clarence Thomas,

Chet Kincaid June 25, 2012 at 5:09 pm

(Blowing a stifled guffaw through pursed lips)

gingerland62 June 25, 2012 at 8:54 pm

You took that out of context.

Biel_ze_Bubba June 26, 2012 at 7:49 am

If nothing else, the man is consistent.

Chet Kincaid June 25, 2012 at 5:06 pm

It's kind of jejune to troll in a dissenting Supreme Court opinion, isn't it?

Beowoof June 25, 2012 at 5:22 pm

Well they often show they don't like to deal with facts.

Beowoof June 25, 2012 at 5:23 pm

Too bad Scalia's family didn't join the mob, seems to be a better fit for the kind of guy he is.

clblabin June 25, 2012 at 5:32 pm

Meh, he actually gets to whack a lot more people this way. Sick poor people and Mexicans, even; Tony Soprano was a pussy.

sullivanst June 25, 2012 at 5:42 pm

Yes indeed:

“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.”

Biel_ze_Bubba June 26, 2012 at 7:52 am

What makes you think he didn't? Have you checked out Sheldon Adelson, the guy Scalia just greenlighted for the purchase of elections?

Mandala P A June 25, 2012 at 5:44 pm

i thought i read that we had the right to life…….does that not preclude lynching? or was that in a movie i saw on tv….?

JackObin June 25, 2012 at 6:24 pm

Catholicism rears it's ugly head again. Scalia reminds me of the boy-banging priest in my old parish.

gingerland62 June 25, 2012 at 8:58 pm

Oh you are so right.The way his head rests on his shoulders, I can hear him saying
"hmm body of Christ" .

Negropolis June 26, 2012 at 3:05 am

I don't think it's Catholicism. And to be honest, I think it will be catholicism that will get this particular court to overturn the death penalty, and what got read of juvenile lifers. It's weird, but I think this court is conservative in ways we aren't quite used to because it's all Catholics and Jews, now.

sullivanst June 26, 2012 at 9:00 am

Scalia's the biggest lover of the death penalty on the court, though, what with his fetish for still executing people who have subsequently proven their innocence.

TootsStansbury June 25, 2012 at 7:03 pm

Can we the peeps impeach this fascist?

Designer_Radio June 25, 2012 at 9:14 pm

In case this hasn't already been mentioned, anyone find it ironic that "wop" stands for WithOut Papers?

Negropolis June 26, 2012 at 2:47 am

States can do whatever they want , except things like, you know, restricting the "speech" rights of corporations in Montana elections, right?

Fuck you, Fat Tony.

Naked_Bunny June 26, 2012 at 8:07 am

Or passing gun control laws.

Naked_Bunny June 26, 2012 at 8:07 am

When the case is about whether a state's immigration law is Constitutional, how is citing a bunch of other state's old immigration laws even relevant? Does just passing laws a lot make them Constitutional after awhile by default?

sullivanst June 26, 2012 at 9:02 am

Not if they're campaign finance laws, obviously.

Rayn_And June 26, 2012 at 9:05 am

Can't argue with Scalia's logic, so Clarence is asking for an eraser so he can change his answer.

ttommyunger June 26, 2012 at 4:42 pm

I understand Governor Crypt-Keeper broke her hip doing a victory jig over this decision.

BaldarTFlagass June 25, 2012 at 4:29 pm

Why can't I find a woman like that?

actor212 June 25, 2012 at 4:36 pm

Like Jessie's girl?

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