The Nation: Worse than Scalia?

[marmar]

BLOG | Posted 02/20/2007 @ 1:24pm
Worse Than Scalia?
Christopher Hayes

Over at TAPPED, Scott Lemieux makes the case that we have more to fear from Alito and Roberts than we do from Thomas and Scalia:


Scalia and Thomas, at least when there's no conflict with strongly held policy preferences, will have their ideological conservatism constrained by legal policy goals which don't always produce conservative results. Alito and Roberts, conversely, are free to be much more slavishly pro-business -- marrying O'Connor-style unprincipled "minimalism" to a much more conservative ideology is the most dangerous combination of all. If you're a left-liberal, you'd much rather have Scalia or Thomas than Alito.

The occasion for this commentary was the Supreme Court's decision to overturn a $79.5 million punitive damage award against Altria (nee Phillip Morris). Dissenting were the unlikely foursome of Ginsburg, Stevens, Thomas and Scalia.

Though the court punted on the biggest constitutional question -- whether a punitive damage award could be large enough to be in and of itself a constituional violation -- the decision does not bode well for the future of this court, or the Bush appointees. While the "hot button" social issues tend to get the most attention, a lot of the Court's work is in refereeing inevitable disputes between business and the state. This gives a pretty good indication of which side is more likely to get a sympathetic hearing.

http://www.thenation.com/blogs/notion?bid=15

[many a good man]

1. Roberts is a total Wimp

Not a single constitutional issue of substance will ever be decided as long as he is Chief Justice.

[angstlessk]

2. Well the Supreme Court CAN be enlarged..and should be when the

Democrat wins the presidency. After, of course, we win big in the Senate in 08 also!

[dsc]

3. that worked so well for fdr

if he couldn't do it no one can.

[angstlessk]

4. Well, times do change, and if the two idjits bush appointed are TOO

corporate friendly, I do not see an impasse, as long as the Democrats are in the House and Senate

[PoiBoy]

5. Impeach..

I believe Scalia is vulnerable for his actions in the 2000 selection of BushCo... I think there are also several others who can be targeted... IMO...

I don't think we can successfully enlarge the Court, but we should scrutinize the Supremes closely for impeachable actions past, present or future...

[bemildred]

6. A dishonest stooge is a dishonest stooge.

All the weasels have to go. You aren't going to sell me on the idea that I would "prefer" fat Tony and Slappy to anybody.

[Infinite Hope]

7. After studying opinions of the SC before Alito/Roberts I can say...

I was very surprised at how thoughtful Scalia's opinions were. Thomas was eerily off on his own very often in his opinions, often stretching the Constitution in awkward ways to fit his opinions. Even when he would concur with a Scalia opinion, he'd write the concurrent opinion adding outlandish opinions of his own. I can honestly say Thomas' opinions made me well beyond scared and he is without question the worst justice on the Supreme Court.

Roberts, what little I've read, seems to be more thoughtful than I expected and Alito makes me about as uncomfortable as I expected.