Government

Liberal Professors Target Scalia for Immigration Dissent

Obamacare might not be out yet, but several liberal professors are already practicing their talking points in case it goes the way they don’t like. And, of course, their target is the Court’s biggest celebrity conservative, Justice Antonin Scalia.

Let’s start with Paul Campos, a professor of law at the University of Colorado at Boulder who apparently took issue with Scalia’s fiery dissent in the case of United States vs. Arizona. Campos went straight for the jugular, accusing the Justice of being past his expiration date:

Like many a graying eminence, Scalia is becoming a caricature of his younger self. This is a serious problem, given that the Supreme Court continues to devolve into an institution dominated by cranky senior citizens, who are harder to get rid of than the longest-serving members of the old Soviet politburo. Indeed, Scalia seems headed down the path previously trod by those justices who clearly didn’t know when to hang up their robes. His career is beginning to resemble that of William O. Douglas, another justice who allowed a combination of immense arrogance and creeping decrepitude to transform him from a formidable figure into a ranting old man, whose performance on the bench became so embarrassing and disturbing that it is said the other justices made an informal agreement not to allow any decision to turn on Douglas’ vote.

Nor is this the first time Campos has attacked Scalia. Campos’ blog post from literally the day before this one, headlined “Scalia’s scary thinking,” makes the case that Justice Scalia has no respect for precedent:

Justice Scalia spent his career as a lawyer, law professor and judge in that legal world – a world in which [Wickard v. Filburn] was no more eligible for serious reconsideration than Brown v. Board of Education or Marbury v. Madison are today. It ought to be obvious that if someone like Scalia can, at this point in a half-century-long career, decide that Wickard isn’t a binding precedent, then the idea of binding precedent is essentially empty, which in turn highlights the inevitable emptiness of the idea of any useful distinction between law and politics.

But this is not obvious, least of all to Justice Scalia, who I have no real doubt actually believes the things he says and writes, no matter how many times his public acts contradict his avowed beliefs. Scalia believes in a version of the rule of law whose existence is refuted by nothing so well as his own career. And that ultimately is more disturbing than a career dedicated to the most self-consciously manipulative Machiavellianism.

Justice Scalia Savaged By Paul Campos of University of Colorado at Boulder, Lawrence Tribe at Harvard, And Others For His Dissent in Arizona Immigration Case

Paul Campos

But these are not merely the railings of one enthusiastically angry professor. Scalia’s dissent in the Arizona case prompted a veritable firestorm of criticism from other professors. Campus Reform has a greatest hits compilation of their responses, including such lovely thoughts as the following:

Adam Winkler, a constitutional law professor at UCLA, suggested in an interview with Talking Points Memo that Scalia had gone crazy or “finally jumped the shark.”

“He claims to respect the founding fathers, but his dissent channels the opponents of the Constitution,” said Winkler.[...]

In a comment to the The Nation, Georgetown Law Professor David Coyle said that the Arizona immigration law was designed to “make life miserable for immigrants” and that “we can and should celebrate the decision for the roadblock it has erected to the state law anti-immigration movement.”

David Weber, Professor of Law at Creighton University, said that Scalia was very “acerbic” and that his opinion is “really a red herring to muddy the argument and somehow upset the populace.”

Lastly, Harvard law professor, Laurence Tribe, said that he thinks Scalia “ought to reconsider the harm he does to the court as an institution when he indulges his famous wit in order to stab the president.”

Tribe’s response, at least, should surprise no one. He was an adviser to the Obama campaign in 2008, and has recently been doing a lot to try and smooth over relations between the Court and President Obama. Nevertheless, the reaction from other corners is surprisingly vehement. In the event that any part of Obamacare is overturned, we expect to see it intensify.

Comments (52)

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  • Thatsitivehadenough
    Posted on June 27, 2012 at 6:32am

    Paul Campos sounds like a damn commie to me. Typically, he uses the former Politburo as an example. Just another commie revolutionary spreading vile communist indoctrination talking points. He‘s past his ’use by’ date as far as I am concerned. People like him should be shipped out to North Korea, Moscow, or Beijing where they really belong.

    Report Post » Thatsitivehadenough  
  • packa14
    Posted on June 27, 2012 at 2:32am

    this is a liberal lying public employee one of the most greedy short sighted money predators who lives off the public and hates them, he is the worst kind of Satan Soldiers !!!!

    Report Post » packa14  
  • Centurian
    Posted on June 27, 2012 at 12:38am

    Did anyone notice what is written on the blackboard behind Paul Campos, the professor of law at the University of Colorado at Boulder who viciously attacked Scalia?

    It says:

    Obesity/fat
    homosexuality/gay

    These are two pairs of words that to me have explicit meaning when reading what this man blogged. He is a liberal lunatic. This is the kind of trash that is teaching in today’s universities and colleges.

    Someone throw this bum out!

    Report Post » Centurian  
  • SHOWMESTATEGUY
    Posted on June 26, 2012 at 11:36pm

    Okay, here’s the difference between Scalia and the dem libs.

    Scalia knows what the Constitution means ,the dem libs know what their voters want.

    The dem libs will make us just like Greece if we let them. We can’t continue to give people something for nothing.

    Report Post »  
    • socialism.rocks
      Posted on June 28, 2012 at 4:35pm

      another idiot its the peoples resources –

      capitalism is just the allocation of public resources….

      another anti-free enterprise anti-free market republican

      Report Post » socialism.rocks  
  • FaithfulFriend
    Posted on June 26, 2012 at 11:19pm

    Justice Scalia & Justice Thomas are the only 2 worthy of respect and admiration.

    Report Post » FaithfulFriend  
    • lapitup
      Posted on June 26, 2012 at 11:35pm

      If they target scolia I say they target ginsburg just as hard.

      Report Post »  
    • term limits for congress
      Posted on June 27, 2012 at 9:55am

      Where is the story about the conservative professor who is complaining about the lib judges who are never expected to “compromise?”

      Report Post »  
  • RevRiles
    Posted on June 26, 2012 at 11:18pm

    Uh, has anybody considered that he might be right?

    Report Post » RevRiles  
    • OutofSympathy
      Posted on June 27, 2012 at 5:31am

      Actually NO. U.S. v Lopez overturned the finding in Wickard v. Filburn…. therefore he is absolutely WRONG when he contends that W v F is the binding case of precedent, U.S. v Lopez is in fact the binding precedent.

      Report Post »  
    • 13th Imam
      Posted on June 27, 2012 at 6:53am

      Sympathy ,just another armchair trial lawyer. When the SHTF, I say get rid of the Trial Lawyers, First.

      Report Post » 13th Imam  
    • Defending Truth
      Posted on June 27, 2012 at 8:56am

      OutofSympathy, you keep saying Lopez overruled Wickard but that’s not actually true. Lopez limited the reach of the commerce clause which was on a clear path to absolute limitless reach. Wickard was used in argument as binding precedent in the government’s brief. If it was overruled (and if it was common knowledge that it was overruled) why the government rely on it so?

      If you want to better understand Wickard’s logic and its lack of control over the Obamacare, I highly suggest you read this very well thought out Volokh article: http://www.volokh.com/2011/10/14/what-about-wickard/

      You’ll see from brilliant minds that Wickard is still controlling precedent, that is Lopez did not overrule it, but Wickard’s reasoning does not apply to the mandate. BUT if it does apply, then certainly Lopez puts some shackles on the government’s case.

      Report Post »  
  • cookcountypatriot
    Posted on June 26, 2012 at 10:54pm

    liberal professors =oxymoron…………………never ever ever listen to a liberal professor…

    Report Post » cookcountypatriot  
    • voxpopuli2012
      Posted on June 27, 2012 at 6:29am

      Patriot, they’re just morons, without the oxy, (though they might be taking some.)

      Report Post » voxpopuli2012  
  • Dallasmarine
    Posted on June 26, 2012 at 10:36pm

    Your kids would get more respect with a degree from an online course than any of these idiots and their so called enlightened colleges.

    Report Post »  
    • HorseCrazy
      Posted on June 26, 2012 at 11:54pm

      agreed. we all know what they say those who can’t teach…and in this case the word “teach” is used liberally

      Report Post »  
  • RightPolitically
    Posted on June 26, 2012 at 10:25pm

    Campos is an idiot. Justices ought not decide issues based upon precedence, they ought to decide issues based on their interpretation of how those issues relate to the constitution. Precedence is an excuse for an unwillingness to interpret according to the intent of the U.S. Constitution!

    Report Post » RightPolitically  
  • chips1
    Posted on June 26, 2012 at 10:18pm

    It appears that Campos not only thinks we need to feed Mexicans, but we need to burp them. He has a low opinion of his people. They hate their own country so much, they are fleeing. Why don’t they try to fix their corrupt government. We are cleaning ours up.

    Report Post »  
  • TLS
    Posted on June 26, 2012 at 10:00pm

    Justice Scalia can read and understand what he reads! Simple and that is his job .

    Report Post »  
  • JOE
    Posted on June 26, 2012 at 9:50pm

    Justice Scalia!! stands his ground and watches the law for right and just The vote on illegals is a no brainer the govt doesnt car and doesnt wish to follow laws So bring them all in feed them cloth them and we all be equal ……………………………..

    As a American give them a way to get in or to work here legally the right way ……………….
    But as for what this President has done i dont agree what i say could of been done with obama years ago but it is his ego to let others lead………he has to go ………………..Vote!!!!!!!!!!!

    Report Post » JOE  
  • 321481
    Posted on June 26, 2012 at 9:41pm

    I just love Justice Scalia, he is loyal to this country, he has a back bone, and doesn’t mind throwing back those shoulders and telling it like it is. These liberal lawyers are nothing more than educated fools.

    Report Post »  
  • Tractorboy
    Posted on June 26, 2012 at 9:35pm

    If we are to all to be equal, I want the same as the illegals, I want one get out of jail free card, of the same size and weight of what the illegals are getting. Or are some animals more equal than others like in the 40′s classic “Animal Farm”?

    Report Post » Tractorboy  
  • OutofSympathy
    Posted on June 26, 2012 at 9:35pm

    paul.campos@colorado.edu

    Please email this POS if you feel he is incorrect in his assumptions… BTW U.S. v Lopez 1995 overturned Wickard v Filburn so….. the precedent of U.S. v Lopez is obviously the binding case.

    Report Post »  
  • OlefromMN
    Posted on June 26, 2012 at 9:28pm

    Is there just ONE male “professor” in America that exemplifies masculinity any longer? My goodness, these people all look like they could be blown over with a hearty growl.

    Report Post » OlefromMN  
    • AmazingGrace8
      Posted on June 26, 2012 at 10:10pm

      …Bill Ayers?…(just kidding) Billy regrets he didn’t do enough for the “cause” and now he is too old to “multi-task”……light & run like the wind.

      Report Post »  
  • Mandors
    Posted on June 26, 2012 at 9:26pm

    Larry Tribe is perhaps the most overrated law professor in history. He is just whining because Barry nominated Sotomoron and not him.

    Report Post » Mandors  
  • madderg
    Posted on June 26, 2012 at 9:26pm

    These professors are a self-regenerating form of people who are told they are brilliant, but have never ventured out into the real world of work. they speak at length about subjects they have no concept of…to a group of students that are sure they know more of the world at 19 years of age then anyone before them. It’s sad and a complete waste of years of growth and understanding stolen from them.

    Report Post » madderg  
  • Mandors
    Posted on June 26, 2012 at 9:25pm

    Campos is a tenth rate hack at a fourth rate law school. Next.

    Report Post » Mandors  
  • Caballosinnombre
    Posted on June 26, 2012 at 9:24pm

    These so-called professers can only spit the poison of hateful ideology. Without any substance or examples to go with their vitriolic speeches it makes them look so hysterically insane.

    Report Post »  
  • johnnymack
    Posted on June 26, 2012 at 9:22pm

    One can only hope that these maggots of society mistake hemlock for their green tea herbal cleanse next week. Not one of these useless pieces of garbage could hold a job in the private sector. They serve no purpose in this world except to teach morons to teach other morons their liberal views. If you tell a lie enough times, even you will begin to believe it.

    Report Post »  
  • LifeandLiberty2
    Posted on June 26, 2012 at 9:19pm

    Notice how so-called professor Campos attacks Scalia’s age! There is a reason these professors are where they are and Scalia is on wearing a black robe. They aren’t qualified to carry Scalia’s brief case.
    One final thought. It was Justice Thomas who said that the U.S. Constitution is the ultimate precedent in response to another liberals complaint about over-turning a previous decision by the SCOTUS.

    Report Post »  
    • DIR
      Posted on June 26, 2012 at 10:28pm

      Liberal Professors Target Scalia for Immigration Dissent

      It should read: ‘Liberal professors target themselves as wimpy simpltons’ Their kind of thinking could cause a second civil war.

      Report Post »  
  • cassandra
    Posted on June 26, 2012 at 9:14pm

    Haaarrrvvvaarrddd use to be a good school one a person would be proud to say they went there but now they might as well say they went to a communist school named harvard Thank God there is someone like Justice Scalia and Justice Thomas on the bench they are the only two Patriots there

    Report Post »  
  • Plan B
    Posted on June 26, 2012 at 9:13pm

    Long Live Justice Scalia!!

    Report Post »  
  • NHwinter
    Posted on June 26, 2012 at 9:11pm

    Scalia is getting wiser with age. I imagine he see the anti-Constitutional mindset of this President and its beginning to stir up his courage to speak out. Good for him. We need some strong voices to stand up for our Republic and our Constitution.

    Report Post » NHwinter  
    • socialism.rocks
      Posted on June 26, 2012 at 9:52pm

      roberts will write the opinion and it will have to do with the healthcare mandate of 1789…which jefferson and adams did-

      scalia is like most idealogs- dont know history dont have the brain capacity-
      to understand law…..he is a terrible justice a bigot and flat out dodo bird

      Report Post » socialism.rocks  
    • MFHorn3
      Posted on June 27, 2012 at 12:50am

      It’s ironic that someone whose screen name is Socialism.Rocks says that Scalia doesn’t know history. If you knew history at all, I don’t think you would conclude that socialism rocks, not now, now ever.

      Report Post »  
    • term limits for congress
      Posted on June 27, 2012 at 10:01am

      @socialism – So what do we expect from Ginsberg, Kagan, Sotomayor? An open-minded, careful consideration of the facts with consideration for the constitution? Yea, right.

      Report Post »  
    • socialism.rocks
      Posted on June 27, 2012 at 12:41pm

      everything a republic stands for is anti conservative….the puritans and pilgrims left europe cause of conservatism-
      the founders wrote the constitution against that european conservativism

      the founders did invent modern liberalism socialism and oh they were the inventers of progressivism..yep the elightenment was progressive
      the founders loathed conservativism to the point of blasting it in the face during the revolutionary war

      historical facts

      the right wing is a party of slogans no policy and straight up idiocy… if the founders were alive today
      they would be hunting down conservatives –
      simple facts jack… conservatism has been the enemy of the republic since prior the american revolution

      you conservative torries can get bent- you traitors

      Report Post » socialism.rocks  
    • term limits for congress
      Posted on June 27, 2012 at 1:21pm

      @socialism – I am sorry that your education system failed you.

      Report Post »  
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