No. I'm pretty sure there isn't a movement to force Scalia out. But if the right had an ounce of integrity, they would quietly engineer a step-down.
He’s a fine public speaker and teacher. He’d be a heck of a columnist and blogger. But he really seems to aspire to being a politician — and that’s the problem.
So often, Scalia has chosen to ignore the obligation of a Supreme Court justice to be, and appear to be, impartial. He’s turned “judicial restraint” into an oxymoronic phrase. But what he did this week, when the court announced its decision on the Arizona immigration law, should be the end of the line.
Not content with issuing a fiery written dissent, Scalia offered a bench statement questioning President Obama’s decision to allow some immigrants who were brought to the United States illegally as children to stay. Obama’s move had nothing to do with the case in question. Scalia just wanted you to know where he stood. ...EJ Dionne, WaPo
In a separate decision, the Washington Post editorial board concurs with EJ Dionne, calling the Court's partisanship a "discredit to the Court," and asserting that Scalia's outbursts "endanger not only his jurisprudential legacy but the legitimacy of the high court."
Liberals are calling for Scalia to step down because he's tends to vote with the conservatives. Disagreeing with someone isn't grounds for resignation. If anything, the liberal justices should be the ones to step down, because their opinions are most often out of step with the legal question and the popular sentiment. If disagreeing with someone is grounds for resignation, 66% of the American people want the liberals to resign for voting (wrongly) that Obamacare is constitutional.
It will be interesting to see how the liberals try to spin this if the court does the right thing and strikes down Obamacare. The vast majority of Americans support the court for upholding the constitution on such issues and want the court to get rid of Obamacare, but liberals are in the position of trying to pretend that Americans are outraged at the court.
Posted by: Jim | June 28, 2012 at 08:03 AM
It's not about legal opinions, Jim. Obviously. It's his ethics. Check out Scalia's contacts and his refusals to recuse himself for starters. And if making the list for Scalia doesn't entirely wear you out, move on to Justice Thomas. Then, staggering with fatigue but just to be sure you've covered all the ground, review both Roberts' and Alito's confirmation hearings and compare their statements with subsequent actions once seated on the Court.
Posted by: PW | June 28, 2012 at 10:41 AM