Saturday, February 13, 2016

And Just Like That, My World Begins To Crumble

I was out shopping today, spending small amounts of money frivolously, when I get a message from a friend--Justice Scalia has died.

And my world, which looked so safe when I woke up this morning, began to crumble.

Of course I'm talking about Friedrichs v. CTA, a case argued before the Supreme Court a month ago, a case expected by the talking heads on both sides to be decided 5-4 in my favor, and now one of those 5 is gone.  Friedrichs is probably the last time in my life I'll get a chance to be free of forced unionism as a teacher, and now that chance has suffered a body blow.

A year or so ago a friend (and reader of this blog) sent me a book called Scalia Dissents.  I read it cover to cover, often laughing at Scalia's wit and turns of phrase.  He loved the Constitution, he knew how to defend it, and he knew how to skewer those who tried to damage it.  The cause of conservatism lost a strong champion today.

9 comments:

Happy Elf Mom (Christine) said...

Now we'll probably get some shill who looks to Europe to figure out what's "fair" rather than what's Constitutional. :(

MikeAT said...

I've got Scalia Dissents on my shelve and I've read it from front to back. But something I read today gives me some hope. Friedrichs v. CTA was argued last month and is likely to have already been decided. So hopefully you hear a voice from the grave telling you that teachers (and others) don't have to be forced to pay for a union's politics if they don't want to..

Ellen K said...

If any liberal tries to insinuate that it's somehow illegal for the Congress to delay affirming an presidential appointee, remind them that in 1960 a Democrat controlled Congress passed a resolution stating to that effect. In addition, Congress has repeatedly delayed appointments by conservative or Republican presidents because of political leverage. Frankly the whole thing is just all so odd. And I find it particularly strange that an autopsy will not be performed when I was of the understanding that it was state of Texas protocol to do so in an unexplained death outside a hospice or hospital. It's very Pelican Brief like. In the meantime, we have to have someone who can stand up to this and knows the Constitutional mechanisms to make sure we don't end up with some other identity politics placement from Obama, or worse, himself.

Rho said...

I feel sadness at what we have lost; I am apprehensive about what will happen now. In the middle of a contentious presidential race and some of the most important Supreme Court decisions, we face a bitter fight between Obama and our side. Watching the debate on Sat. night, I kept thinking "Is this the best we can do? Watch good men tear each other apart? Have Trump as the Republican nominee with his foul mouth and mean spirit and narcissism? Are we reaping now the results of the past 40-50 years of our nation turning against God?"

Darren said...

Mike, I'm told that it has *not* been decided, and that the opinions haven't been written yet. It's a scary time for me, to think we've come this close only to have victory snatched from us in such a cruel way.

Opportunities like this come once, maybe twice, a lifetime. I probably won't see another one.

Anonymous said...

Decisions not yet announced publicly are not rulings. Scalia has no vote in cases not yet decided and announced. And ties go to the lower court.

Ellen K said...

I'm not sure what the question might be where Trump is the answer.
Frankly I believe he's a Rolling Stone caricature of what they want to believe about conservatives.
What is more, he's already said his views could change signaling that he's not got a single solid opinion that isn't based on the most recent polling. Did you notice how informative and interesting the debate was when Trump wasn't there? Did you notice how Trump seldom gives a definitive answer on anything and more often than not resorts to namecalling or other deflections? He's 70-of an age more with Sanders and Clinton than most of the other candidates. And for what it's worth, his descent into profanity and attacks on everyone-not to mention his most recent suggestion he would run third party if he doesn't get the nod-demonstrates this man is not here to get elected, but to insure that the vote is split so his good buddy Hillary could get elected. He's a phony. And yet too many people are in such desperate straits that they see his campaign as one of hope. It's just all so sad.

Deborah La Fetra said...

Don't lose hope entirely. According to SCOTUSblog owner & Supreme Court litigator Tom Goldstein, the Court's past practice in this sort of situation is to hold the case over for reargument. http://www.scotusblog.com/2016/02/tie-votes-will-lead-to-reargument-not-affirmance/ I filed a brief in support of Mrs. Friedrichs on behalf of Pacific Legal Foundation, and am pinning my hopes on the Court's tendency to follow its own traditions. I wrote about the case here: http://blog.pacificlegal.org/agency-shop-fees-on-the-brink/.

Anonymous said...

I have not had many experiences that left me with the feelings I had when I heard he had passed. There was a moment of hopelessness I did't like. What ran through my head so quickly scared me and let me know that I need to get out of the news cycle a little more. I really wasn't looking forward to the President getting another Justice. My hope was for Ginsburg to make it though the year so he couldn't get one. This was a worse case scenario.
The fact that she hasn't retired probably says more about her feelings for this President's ability than anything.