-Caveat Lector-

------- Forwarded message follows -------
Date sent:              Mon, 11 Dec 2000 21:41:05 -0800
From:                   "eWarrior (Kurt Jonach)" <[EMAIL PROTECTED]>
Subject:                Justice Scalia's Legal Vision is Blinded by his Ambition
To:                     Steve Wingate <[EMAIL PROTECTED]>


http://www.nydailynews.com/2000-12-11/News_and_Views/Beyond_the_City/a-91901.asp

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JUSTICE SCALIA'S LEGAL VISION IS BLINDED BY HIS AMBITION

New York Daily News Online
December 11, 2000

Justice Scalia's Legal Vision Is Blinded by His Ambition

Jim Dwyer

Earlier this year, Antonin Scalia, the Supreme Court justice
who now is all but serving as the attorney for George W. Bush,
let it be known that if Democrats won the presidency, he'd
quit the court.

He would leave because under a Democratic administration, he
would have no shot at being named chief justice by Al Gore,
according to the March issue of the Washingtonian magazine.

Now, Scalia has taken charge of the election case for George
W. Bush and will try to herd the conservatives this morning
for the result he apparently wants: a Bush presidency, and,
perhaps, the job of chief justice when William Rehnquist
retires in a few years as is expected.

Normally, judges disqualify themselves from cases in which
they have a personal interest; if the naked ambition to be
the court's chief was accurately attributed to him, then he
has no business deciding this fight.

Scalia, however, could not have been bolder in his advocacy
for Bush's cause, and, by extension, his own.

During oral arguments two weeks ago, he took shots at the
Florida courts, which had said the most fundamental right in
a democracy is the vote.

No way, Scalia said.

"There is no right of suffrage under Article II," he declared.

In plain English, he said that the citizens have no constitutional
right to vote for President. His reason is that the Constitution
places that power in the hands of the state legislatures,
although he did not mention that all 50 state legislatures
submit the question to a popular vote. (Some transcripts of
the Supreme Court session attributed this remark to Rehnquist,
but Scalia apparently was the actual speaker.)

Over the weekend, he took matters even further.

Scalia wrote that Bush would suffer "irreparable harm" if
votes were counted "by casting a cloud upon what he claims
to be the legitimacy of his election."

You have may seen that moment in "A Few Good Men" when Tom
Cruise is defending a soldier at a military trial.

"I want the truth!" says Cruise, during cross-examination.

Jack Nicholson looks up at him with contempt.

"You can't handle the truth," snarls Nicholson.

The legality of the votes worries Scalia."Count first and rule
upon legality afterward is not a recipe for producing election
results that have the public acceptance democratic stability
requires," Scalia wrote.

We've gotten by for two centuries on precisely that recipe.
That is what is done on every Election Day in this country.

First we vote. Then come the challenges, if any, which end up
in court, and are decided there. This is not new. To have
disputed ballots decided by courts doesn't "change the rules
of the game." Those are the rules of the game. To do otherwise
changes the law, the customs and the practice in every single
state.

No one can possibly argue that it is the best interests of
Bush or Gore that the votes not be counted.

There was talk yesterday -- unfortunately, it proved to be
untrue -- that the Florida courts were going to ship uncounted
ballots up to Washington. Those ballots, for better and worse,
are the only evidence about the results of this election.

To exclude them from this decision is like saying that a murder
weapon seized from a suspect can't be shown to a jury because
of a legal technicality.

But Scalia says that we -- the nation -- can't handle the truth
of counting those ballots, that the results might damage a Bush
presidency if they show that he really didn't win.

So we hide the facts for the good of the country.

Or is it really for the good of Antonin Scalia, the chief
justice wanna-be?

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