Justice Scalia statement about Gitmo

[Stephen L. Wasby]

I find Bobby's statement to be a  good, strong one. Scalia's tone off-the-bench is not particularly different from some of his "shots"
in his opinions in cases before the Supreme Court.  At one "point in time," "collegial" --in "collegial court"-- meant an ability to
entertain and seriously consider others' arguments; now, in some courts, or at least for some judges, it seems to mean little
more than a technical "multi-member court."
     Steve Wasby
  ----- Original Message ----- 
  From: RJLipkin at aol.com 
  To: SLevinson at law.utexas.edu ; mark.kende at drake.edu ; CONLAWPROF at lists.ucla.edu 
  Sent: Sunday, March 26, 2006 10:17 PM
  Subject: Re: Justice Scalia statement about Gitmo


       What I find overwhelmingly infuriating about Justice Scalia's remarks is his apparent lack of anything resembling an ability for self-criticism. "Get over it," "it's crazy," "not a very hard question," "there was no way we could have turned that case down" and "nobody has ever thought otherwise" just for starters. His apparent incapacity to try to see anything of value in the other guy's point of view is maddening. No, it is apparently inconceivable to him that the Supreme Court was politically motivated in Bush v. Gore. And his exhibition of an entrenched, in my terms, "unimodal" perspective that makes his solipsism not only possible but a reality. 

          To give life tenure to people with intellects such as this threatens, in my view, anything resembling deliberative discourse, and in any event is, again in my view, madness.

  Bobby

  Robert Justin Lipkin
  Professor of Law
  Widener University School of Law
  Delaware


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