So, in this corner we have "the silliness of someone who does not believe in textualism criticizing Scalia for not being sufficiently textualist" and in the other corner, "the narcissism of small differences." I take it then that Scalia's purported creed and his fidelity or infidelity to that creed is immune from criticism unless it comes from someone who 1. does not deviate one iota from Scalia's theory and practice of textualism. But then to criticise would be to deviate so Scalia is therefore immaculate.
On the basis of that marvelous argument, I would like to propose that Obama nominate David B. Shemano for Supreme Court justice. I would like to motivate my nomination by pointing out, first, Shemano's deftness at producing air-tight arguments, in the Nino Scalia tradition, and second, because in keeping with a strict textual constructionist reading of the words "advise" and "consent" in the Constitution, the Senate majority leadership has pre-emptively announced their refusal to consider any nominee during the remainder of Obama's term thereby refusing to give either advice or consent. On Tue, Feb 23, 2016 at 4:23 PM, Shemano, David B. < [email protected]> wrote: > This is why I get a kick out of you guys. I get attacked for > “motivational reasoning”, but your first reflex is to go find a sympathetic > voice that supports your preexisting position and convince yourself that > you have proved your point. The Posner-Scalia fight was of great interest > and attention several years ago, generating an extensive secondary > commentary on it. Scalia’s reputation came out fine. And by the way, > separate and apart from the personal aspect of the dispute, the > philosophical difference between Scalia and Posner. which is textualism > (what the statute actually says) vs. purposivism (what was the purpose of > the statute), is a family dispute – both are in the originalism family > tree, so of course the level of vitriol between the two is inversely > proportional to the real difference between the two, the narcissism of > small differences. > > > > David Shemano > > > > *From:* [email protected] [ > mailto:[email protected] <[email protected]>] > *On Behalf Of *Michael Meeropol > *Sent:* Tuesday, February 23, 2016 2:39 PM > *To:* Progressive Economics > *Subject:* [Pen-l] POSNER on SCALIA > > > > Marv's linking the Posner review of one of Scalia's books is priceless -- > I urge people to read Posner's evisceration of Scalia's reasoning. I > especially think David Shemano ought to read it since he believes Scalia is > a consistent (mostly consistent) intellectual giant rather than a > politically motivated enabler of the powerful .... > > Remember that Posner is in many ways a right-winger. He virtually created > the field of Law and Economics which defends the outcomes of the market > system no matter how immoral the results --- > > If he hadn't been a Marxist in his youth (his mother was a communist --- > in fact my family and his family were friends when I was a teenager) he > would have certainly been a Reagan appointee to the Supreme Court .... > > ____________________________________________________ > > Information contained in this e-mail transmission may be privileged, > confidential and covered by the Electronic Communications Privacy Act, 18 > U.S.C. Sections 2510-2521. > > If you are not the intended recipient, do not read, distribute, or > reproduce this transmission. > > If you have received this e-mail transmission in error, please notify us > immediately of the error by return email and please delete the message from > your system. > > Pursuant to requirements related to practice before the U. S. Internal > Revenue Service, any tax advice contained in this communication (including > any attachments) is not intended to be used, and cannot be used, for > purposes of (i) avoiding penalties imposed under the U. S. Internal Revenue > Code or (ii) promoting, marketing or recommending to another person any > tax-related matter. > > Thank you in advance for your cooperation. > > Robins Kaplan LLP > http://www.robinskaplan.com > ____________________________________________________ > > _______________________________________________ > pen-l mailing list > [email protected] > https://lists.csuchico.edu/mailman/listinfo/pen-l > > -- Cheers, Tom Walker (Sandwichman)
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