Discussion: Scalia Insists Congress Would Act If SCOTUS Nixes Obamacare Subsidies

Or you could call him Judicial Hacktivist Antonin Scalia.

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Scalia has clearly not been paying attention. He “thinks” Congress will act, despite every shred of evidence saying otherwise.

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Scalia is an activist willing to make any argument to further this parties cause. I use to think he was a constitutionalist then I thought he was an idealist but his “ideals” change with the policical wind. I’ve seen him make argument after argument that adhears to neither personal ideals or the constitution but only to party politics. He is simply a Republican activist. Kennedy can be described as an idealist but not Scalia.

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So a majority votes to nix the subsidies and one of two things happens:

!. Congress approves some watered-down nonsense that does NOTHING and Fat Tony claims “SEE? CONGRESS ACTED YOU JUST DIDN’T LIKE IT!”
2. Congress does absolutely nothing and Fat Tony shrugs, “So I was wrong. Get over it.”

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Yes. This Congress can barely keep the lights on.

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“Your honor, based on past performance, there is no evidence that this Congress will do anything except scream about Benghazi and invite Netanyahu to talk about Iran. So yeah, I don’t think Congress will do much.”

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And fixing it to avoid the “disastrous consequences” (surprised Scalia used these words, unless it was his famous sarcasm), by merely inserting the words “…or the Federal government” is not even being considered by the Republicans.

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“Yes,” Scalia protested, “I think this Congress would act.”

Didn’t Scalia promise that Congress would also act to make campaign financing more transparent after the Citizens United ruling? The Republicans blocked every single attempt to do that, as Scalia well knew they would.

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I nominate Scalia for the 2015 Golden Duke Award under the category of:
Outstanding performance in the art of trolling.

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When pigs fly.

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I can’t tell if you’re being sarcastic, or just incredibly kind to The Evilest Justice Evah. Because he clearly DOES pay attention, and tailors his “opinion” to fit whatever outcome he wants, which is almost always to the detriment of the non-wingnuts or non-wealthy.

If he had any conscience or ethics, he would have committed seppuku by now. Since he has none, he continues in his effort to destroy a pluralistic America. The motherfucker. (With apologies to motherfuckers everywhere.)

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This will not do much to put those senility rumors to rest.

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Can one be that far removed from reality and still be in this universe?

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Please show me where in the US Code (or Constitution or wherever) it says that Supreme Court Associate Justices shall not lie.

Because he does it a lot.

Scalia will literally say anything that locks in the decision his politics favors.

Once that is done, he doesn’t care how insanely wrong his claims were. He’s won. When pointed out to him later that his claims were fallacious he just chuckles smugly and tells the questioner to get over it (actual response when the fallacies in his Gore-Bush decision arguments are pointed to him).

There is all this talk of Scalia’s ‘brilliance’, but it should be remembered that (Godwin’s Law alert!*) that Joseph Goebbel’s, the propaganda minister, was said to be the smartest Nazi. Brilliant liars are often extremely successful, and wield great power and influence.

*Godwin did not somehow disallow references to Nazis for all time. The point is not that he was a Nazi, it was that he was a propagandist. If Stalin had a similar brilliant professional liar, I would have cited him as well.

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It is heartening to see Justice Scalia’s grasp on reality is just as firm as his grasp of the law.

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The only edict Torquemada the Younger liked was the Alhambra Decree

Not that it would pass the veto, but Congress is likely to act by saying “Good, we got rid of that part,now let’s get rid of the rest.” Scalia is apparently defending his position by saying “It’s a good idea, but I don’t like it, so I’ll vote it down and then a GOP Congress can enact something I do like.” I don’t think the Supreme Court concept includes the reviewing a law and then deciding based upon what they think Congress might do afterwards. It’s either legal…or it’s not, and they are allowed to consider the “intent”…but that’s it.

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It’s also rather telling that the audience burst out laughing at the idea that this Congress would act. It makes his argument sound even dumber, more dishonest, and even more naive than he probably even realized.

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I don’t use Twitter, but Dems everywhere should be using #disastrousconsequences.

Scalia is trying to pretend that he is being just an impartial judge when ruling on the basis of 7 words, even though it is “not the most elegantly drafted statute”, but even he can’t pretend that it would not wreak havoc on the health insurance pricing and availability for tens of millions of Americans if Congress doesn’t fix it.

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