Scalia says he would have voted in favor of segregation in 1954

[IndianaGreen]

Scalia On Brown v. Board Of Education: I Would Have Dissented

In an appearance at the University of Arizona College of Law, Supreme Court Justice Antonin Scalia said that if he were on the court in 1954, he would have dissented in the landmark Brown vs. Board of Education decision that ended school segregation based on race.

Appearing on stage with Justice Stephen Breyer, Scalia cautioned against "inventing new rights nobody ever thought existed." Scalia said he advocates an "originalist" approach to the Constitution, warning against an "evolutionary" legal philosophy that he described as, "close your eyes and decide what you think is a good idea.''

Phoenix's East Valley Tribune reported:

Using his "originalist'' philosophy, Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of "separate but equal'' public schools. He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better.

"I will stipulate that it will,'' Scalia said. But he said that doesn't make it right. "Kings can do some stuff, some good stuff, that a democratic society could never do,'' he continued.

Read more at: http://www.huffingtonpost.com/2009/10/27/scalia-on-brown-v-board-o_n_335591.html

[CaliforniaPeggy]

1. Why does he NOT surprise me?

:eyes:

[IndianaGreen]

3. Using his "originalist'' philosophy, Scalia would have supported slavery as well

What a POS!

[valerief]

2. I wish I could wish him away. What a thug. nt

[ecstatic]

4. Why do people describe him as brilliant? nt

:shrug:

[Richardo]

5. "Oh yeah, and negroes? Still 3/5ths of a person."

[SnakeEyes]

19. 3/5s of a person was to eventually end slavery

Not keep it going. In this case, if slavery couldn't be abolished at the country's founding so as to get the south to sign on, less was more. The North didn't want them counted at all while the South wanted them counted as a full person. It was about representation in the House, where the number of representatives the state has is determined by population. Count slaves as a full person and the South dominates the House.

[zulchzulu]

6. Scalia is a very religious man

Enough reason for anyone to join the ranks of clear-minded atheists...

[Sebastian Doyle]

7. And in other news, water is wet.

Scalia, the literal son of a fascist, would have voted for fascist apartheid. What's truly sad is that Clarence Thomas probably would have voted with him, just like he does on everything.

[S_E_Fudd]

8. Update...report incorrect according to TPM...

Scalia actually said he would have dissented in Plessy v. Ferguson...

If true it puts him on the correct side of the issue I believe...

http://www.talkingpointsmemo.com/archives/2009/10/telling_revelation.php#more?ref=fpblg

[DFW]

11. Somewhat relieving to hear. Too bad he was on the wrong side of so many other decisions, though

Bush v. Gore comes to mind........

[Number23]

20. That makes a bit more sense, considering this comment he made:

"He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better."

In Plessy v. Ferguson (1896), the U.S. Supreme Court decided that a Louisiana law mandating separate but equal accommodations for blacks and whites on intrastate railroads was constitutional. This decision provided the legal foundation to justify many other actions by state and local governments to socially separate blacks and whites. Plessy v. Ferguson was overturned in 1954 by Brown v. Board of Education.

http://www.bgsu.edu/departments/acs/1890s/plessy/plessy.html

[DFW]

9. What a jackass. No one has invented any "new rights."

All we did was realize that when the original framers said that "all men are created equal," their original words
should be interpreted "strictly," and not in the limited constraints of the day. Or would Scalia also advocate returning
the Louisiana purchase to France and Alaska to Russia?

[boppers]

15. Dissent from Plessy, not Brown...

Plessy created "new rights" for states, and people, to legally discriminate against people. Scalia didn't agree.

Stopped watch and all that...

[RepublicanElephant]

10. ...and of course, he'll support corporations having the full rights of people. nt

[Captain Hilts]

12. Well, too bad they began letting Catholics in Harvard, Yale, Columbia and major league baseball. nt

[Fire_Medic_Dave]

13. You sure about that.

[ncteechur]

14. The Klan doesn't need sheets anymore. They are just right out there all over the place.

[harkadog]

16. The paper retracted the story. They were wrong.

http://www.eastvalleytribune.com/story/146308

[mkultra]

17. Scalia voted to begin construction of the death star

[vaberella]

18. Why do I get the feeling he wanted to prevent Obama's birth?!

Ahhh...what a problem for being of mixed race in this country. That's why mum can't understand. We're of mixed race from Haiti...and there is none of this shite my mum says.