Scalia is a Hack

 

Antonin Scalia isn't even making an effort to disguise his partisan hackery.
In his dissent on the SB1070 "papers, please" decision, he not only takes gratuitous swipes at Barack Obama's immigration policy, he says ridiculous things like this:

"If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state." 

Yes, we should. Except no one does. No one refers to Arizona as a sovereign state, because Arizona is not a sovereign state. Arizona, like every other state, is subject to the laws of the US Federal government. That's why, even though California has legalized medicinal marijuana, anyone who uses medical pot is still running the risk of arrest by the D.E.A. Because Federal Law supercedes State law. It's Article VI, Clause II, the "Supremacy Clause."





And this:

"Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants. . .
What I do fear—and what Arizona and the States that support it fear—is that ‘federal policies’ of nonenforcement will leave the States helpless before those evil effects of illegal immigration. . "

Because, as any law professor will tell you, the first step to determining the constitutionality of a law is to consider how people feel about it.


And this:

There is no doubt that “before the adoption of the constitution of the United States” each State had the authority to “prevent [itself] from being burdened by an influx of persons.”

Great. Before the adoption of the Constitution. How is that relevant to our reality in which the Constitution has been adopted?

 

And this:

The Articles of Confederation had provided that “the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States.” Articles of Confederation, Art. IV.

The Articles of Confederation? You mean the document that was scrapped and replaced by the Constitution? That Articles of Confederation? Does Scalia really think that they have any relevance?

And this:

Two other provisions of the Constitution are an acknowledgment of the States’ sovereign interest in protecting their borders. Article I provides that “[n]o State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws.” Art. I, §10, cl. 2. This assumed what everyone assumed: that the States could exclude from their territory dangerous or unwholesome goods.

Hey, at least he's referring to the actual Constitution this time. Of course, the part he quotes deals with imports and exports, not people, and severely limits the states' ability to restrict those. But still. . . it's something? I guess?




And this:

Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?
A good way of answering that question is to ask: Would the States conceivably have entered into the Union if the Constitution itself contained the Court’s holding?

Yes, speculation about what might have happened 200 years ago under different hypothetical circumstances is probably the best way to answer thorny legal questions!

And the capper:

. . . in the first 100 years of the Republic, theStates 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.

Yeah, states used to be allowed to keep the blacks out, so why not the browns? Seriously? This is your precedent? You know states were also allowed to have slavery during the first 100 years of the Republic. Should we bring that back, too? No, don't answer that.

Dick Of The Day

Thomas Sowell

Thomas Sowell thinks that major American Cities should be allowed to go bankrupt.

Really.

Jewish World Review Jan. 18, 2011 / 13 Shevat, 5771 Budget Crisis Rhetoric By Thomas Sowell

Perhaps the most famous American budget crisis was New York City's, back during the 1970s. When President Gerald Ford was unwilling to bail them out, the famous headline in the New York Daily News read, "Ford to City: Drop Dead." 
. . .
What would have happened if President Ford had stuck to his guns and not set the dangerous precedent of bailing out local irresponsibility with the taxpayers' money?
New York would have gone bankrupt. But millions of individuals and organizations go bankrupt without dropping dead. 

Yeah, but isn't bankruptcy pretty much always bad? Even if it doesn't actually kill you?

Bankruptcy conveys the plain facts that political rhetoric tries to conceal. It tells people who depended on the bankrupt government that they can no longer depend on that bankrupt government. It tells the voters who elected that bankrupt government, with its big spending promises, that they made a bad mistake that they would be wise to avoid making again in the future. 

Yeah, but meanwhile, wouldn't a lot of people be out of work? People like cops and teachers, and . . . oh, I get it. That's the whole idea, isn't it?

 Legally, bankruptcy wipes out commitments made to public sector unions, whose extravagant pay and pension contracts are bleeding municipal and state governments dry. 

And there it is. See, Tom this is why you're the dick of the day, because nobody does the blindingly stupid/mean combo like you!


 It's really the fact that public sector employees make a decent living that is bleeding municipalities dry? It has nothing to do with American companies sending decent jobs overseas? The dwindling tax base caused by off-shoring jobs isn't what's hurting city budgets? And it's not the tax cuts for rich people? That's not it? It's the fact that cops get a decent pension? Not the fact that companies move from town to town based on which municipality is currently leading in the "race to the bottom" to see which city/county/state can offer corporations  the biggest tax breaks and the largest concessions in the hope of getting a few of the jobs that aren't going to China and India? No, it's those darn overpaid municipal employees.

I know a very nice couple back in California who are both public sector employees. One works for Alameda County and the other for University of California, and I can tell you that they are not living in the lap of luxury. They have the same trouble keeping up with bills as the rest of us. As a matter of fact, my father worked his entire adult life for the US Postal service, and while I didn't grow up in poverty, I can tell you that my father has never owned a new car in his life.  I don't think I ever wore a piece of new clothing until I started working and making my own money. Again, not exactly squalor, but come and say to my face that my father was overpaid. I dare you.

Politics being what it is, we are sure to hear all sorts of doomsday rhetoric at the thought of cutbacks in government spending. The poor will be starving in the streets, to hear the politicians and the media tell it.  But the amount of money it would take to keep the poor from starving in the streets is chump change compared to how much it would take to keep on feeding unions, subsidized businesses and other special interests who are robbing the taxpayers blind. 

So you would rather give handouts to people who have been reduced to beggary than pay city employees a decent wage for working in public service? That is some world-class assholery.

One of the political games that is played during a budget crisis is to cut back on essential services like police departments and fire departments, in order to blackmail the public into accepting higher tax rates. Often, a lot more money could be saved by getting rid of runaway pension contracts with public sector unions.
Bankruptcy can do that. Bailouts cannot. 

Really? The city doesn't have money for cops and firefighters, so they have to cut back on cops and firefighters, and you think that's a game they're playing? If I go to the gas station with ten dollars and I can only get a quarter tank of gas with ten dollars and the station owner says he can fill my tank if I give him more money, I don't accuse him of blackmail. I understand that gas costs money. You know what else costs money? Having cops and firefighters. If the city doesn't have the money to pay them, what are they supposed to do? They can't force them to work for free any more than I can force the gas station to fill up my tank for no additional money.

What the public needs are current policemen and current firemen, not retired policemen and retired firemen, much less bureaucrats retired on inflated pensions. 

Yeah, and good luck hiring all those cops and firefighters there in Sowellville once they know that you will use any budgetary excuse to yank their pensions. 


Thomas Sowell, Dick of the Day

This Just In. . .

Twice-divorced Serial-Philanderer Opposed to the Gay Marriage

Newt Gingrich: Gay Marriage Ruling 'Outrageous'

"Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife."

Yes, a sacred union between a husband and a wife, designed by God Himself to last for several years, you know, until the wife starts to get a little on the "older" side, or gets all cancery on you.
Then, as has been the tradition since the dawn of civilization, the husband runs off and marries the mistress. And if the sacred bond between a wife, a husband, and the husband's lover is not respected by judges, well I just don't know what will happen to the institution of hetero temporary unfaithful marriage.

If I were More Mature, I wouldn't Find This Hilarious

But I Do!

Saudi's Reject Pakistani Diplomat

Tim King Salem-News.com

(SALEM, Ore.) - A high level Pakistani diplomat has been rejected as Ambassador of Saudi Arabia because his name, Akbar Zib, equates to "Biggest Dick" in Arabic.

hee hee hee hee hee hee hee!!!!!!!!!!!!!



Oh, Gawd I hope this is a true story!

Who Can Be A Bigger Dick?

Pat Robertson set the bar pretty, pretty low with his "deal with the devil" bloviation. Let's see who will challenge Pat for the title of biggest dick (Haiti edition).

First Up: Debbie Schlussel.

It’s good that Barack Obama finally commented on the suffering of the people of Haiti and dispatched American help. Yes, morally we should help them because it’s the right thing to do. But strategically, we must help them because if we don’t, we’ll soon find Obama welcoming thousands more Haitian refugees to our shores and entitlement roles.

Wow! Debbie took a look at the news footage of the tragedy in Haiti and immediately thought: "Oh, God! They're gonna start coming here!" That's your concern? That more of "those people" will come to America? And that is the main reason for providing help to the victims? Pretty dickish, Deb!

Who's next?

Rush Limbaugh:

Yes, I think in the Haiti earthquake, ladies and gentlemen -- in the words of Rahm Emanuel, we have another crisis simply too good to waste. This will play right into Obama's hands -- humanitarian, compassionate. They'll use this to burnish their -- shall we say -- credibility with the black community, in the both light-skinned and dark-skinned black community, in this country. It's made-to-order for 'em. That's why he couldn't wait to get out there. Could not wait to get out there.

That place, Haiti, has been run by dictators and communists. And how long is it gonna be, how long is it gonna be before we hear Obama and the left in this country say that what we really need to do is reinstate the communist Aristide to the leadership position down there to coordinate putting the country back together?

Damn! Rush saw the calamity unfolding and thought "Hey! I can use this to score some points against Obama!" What a dick!


Who else? Anyone from that bastion of dickishness, the Heritage Foundation?
Why, here's Heritage member Jim Roberts now:

The U.S. government response should be bold and decisive. . . President Obama should also reach out to a senior Republican figure, perhaps former President George W. Bush, to lead the bipartisan effort for the Republicans.

While on the ground in Haiti, the U.S. military can also interrupt the nightly flights of cocaine to Haiti and the Dominican Republic from the Venezuelan coast and counter the ongoing efforts of Venezuelan President Hugo Chavez to destabilize the island of Hispaniola.

The U.S. should implement a strong and vigorous public diplomacy effort to counter the negative propaganda certain to emanate from the Castro-Chavez camp. Such an effort will also demonstrate that the U.S.’s involvement in the Caribbean remains a powerful force for good in the Americas and around the globe.

Oh, my God! So this tool saw the disaster and thought a) "This could help George W. Bush rehabilitate his image!" and b) "This could be a great opportunity to advance noeconservative foreign policy objectives!" Wow, the daily double of being a dick!

I think we have a winner, I'm just not sure who.

Sweet Hammer of Thor, I fucking Hate Joe Lieberman!

With friends like Joe, who needs enemies?

(from UPI)

WASHINGTON, Oct. 28 (UPI) -- U.S. Sen. Joe Lieberman, Ind-Conn., threw cold water onto Democrats' healthcare reform effort, saying he'll help filibuster unless the public option is yanked.

God Damn it, Joe! See, this is why everyone hates you. Why would you possibly oppose a public option?

I think a lot of people may think that the public option is free. (source)

No. No one thinks that. That is a straw man argument that the opponenets of reform have constructed. Everyone knows it will cost money. The difference is that instead of money coming out of your paycheck to go to Aetna, money will come out of your paycheck to go to a publicly-run plan. A plan that will not have a profit-motive to screw you out of coverage. Everyone knows this. You're either stupid, or you're lying.

If the public option, the government run health insurance company, negotitates hard to lower the reimbursement, the money it's paying to hospitals, doctors, they're gonna have to get that money somewhere, and where they're gonna get it is from the 200 million Americans who today have private health insurance. Premiums will go up. It's exactly what's happened with Medicare and Medicaid.

So the problem is that the public option will cost too little?

My hospitals in Connecticut told me a while ago that they get 70 percent of the average cost of patient care from Medicaid, about 90 percent from Medicare. If that was it they'd go out of business. So they charge the private health insurance companies 130 percent of the average cost, and that's what would happen with this new entitlement, new government run health care program. It's just not worth the risk.

Really? Really? The private health insurers hire such shitty negotiators that they end up paying 130% of the cost? Really? Have you ever looked at a health insurance statement?
I'm looking at one right now. Column 1 reads: Piedmont Hospital, X-Ray or Lab Services. Amount submitted, $358.00 Column 2 reads: Amount Negotiated or allowed, $70.91

For the mathematically impaired, that means that Aetna negotiated a payment of 19.8% of the amount the hospital was billing. Where the hell do you get 130%? Joe, "your" hospitals in Connecticut are lying to you. Well, probably not lying, exactly. The hospitals may be billing private insurers 130% of the cost, but the insurers sure the fuck aren't paying it!
So, you know what? He wants to filibuster, call his bluff! Somebody lend Harry Reid a pair and tell him that if Joe wants to filibuster, make him do it for real. Make him go all Jimmy Stewart and keep talking for days on end. Let the public see just how hard Joe is willing to work to make sure that they don't have access to a public healthcare plan. A plan which polls continue to show is popular with the public.

Make sure everyone in America has a chance to turn on C-SPAN and see how hard Joe Lieberman is willing to work to protect insurance industry profits. Then everyone can join me in shouting "Sweet Hammer Of Thor, I Fucking Hate Joe Lieberman!"

Hey, Look!

It's an even bigger dick than Micheal Jordan!

Micheal Jordan is a Dick!

What the hell happened to Jordan? He used to be the King of Basketball, now he's the King of Acting Like a Big Jerk! (Zing!)

He's getting inducted into the Hall of Fame, this should be one of the proudest, most satisfying moments of his life, but he's up on stage taking cheap shots at everybody. Pathetic!

Here's a crap bomb he lobbed at former GM Jerry Krause:

"Jerry's not here," he said. "I don't know who'd invite him. I didn't. I hope he understands it goes a long way. He's a very competitive person. I was a very competitive person. He said organizations win championships. I said, 'I didn't see organizations playing with the flu in Utah. I didn't see it playing with a bad ankle.'

Look, dude, we already know how great you were. You don't need this. It's like you think people don't realize your impact on the game. If your basketball abilities were being disparaged, I could see where you might bring up the "Oh, I was playing with the flu, or I was playing on a bad ankle," but this is the night you're being recognized as possibly the greatest player of all time. Totally weak.

...he flew his old high school teammate, Leroy Smith, to Springfield for the induction. Remember, Smith was the upperclassman his coach, Pop Herring, kept on varsity over him as a high school sophomore. He waggled to the old coach, “I wanted to make sure you understood: You made a mistake, dude.”

Wow, insulting the old coach and humiliating a former teammate, what a two-fer!
I can imagine poor Leroy Smith being all excited, "hey, Micheal invited me to the induction ceremony! Wow, I didn't think he'd even remember me!" Then sitting in the audience and hearing that cheap shot. "Oh, he only invited me to point out how much I suck in comparison to him."
Yeah, Mike, you were MVP like what, 5, 6 times? Everyone sucks compared to you. We don't need to be reminded, and Leroy Smith did not need to be singled out for comparison to your awesomeness. And I'm sure Pop Herring had better things to do than fly to Springfield to be insulted.

Jordan remembered scoring around 20 points in a row late in a game to pull out a win, which was followed by a conversation with Bulls assistant Tex Winter.

“Tex reminded me that there’s no ‘I’ in team,” Jordan said. “And I looked back at Tex, I said, ‘There’s ‘I’ in win.’ So whichever way you want it.”

see, that's the sort of thing that you should look back at and cringe, and think, "God, I was such a cocky young punk back then," not trot out as a witty bon mot 30 years later. Look let's let John Stockton show you how to be gracious in triumph:

“I thought they’d figure me out pretty quickly. I thought the Jazz would figure out that they’d made a mistake, so first paycheck I saved every cent,” Stockton said. “I was pretty sure I was a one-year-and-out guy.”

Notice how he didn't take cheap shots at anyone? Neither did David Robinson, Jerry Sloan, or anyone else but you. Micheal Jordan, you're a dick!

And for my money, Oscar Robertson was the greatest player ever.

Hans Asperger

I'm sorry, but if you discover a disease and your name sounds like ass-burger, you don't get to name it after yourself. No doctor should ever have to struggle to keep a straight face while telling parents "I'm sorry, but it seems your son has Ass Burgers." That's just not right.

Other people after whom diseases may not be named:


Musician Bruce Cockburn

Movie Actor Bob Cummings









Composer/ Pianist Dick Hyman


19th Century French Poet Honore' De Balzac



Race car driver Dick Trickle

"I'm sorry, Mr and Mrs Smith, your son has Dick Trickle's disease."