"Black people don't belong in academically challenging schools," is how some people construed Justice Scalia's statement regarding affirmative action. We are going to miss that man! May the Lord have mercy on his soul and console his family and close friends.
In his own way, Justice Scalia was something of a truth-teller. It was Scalia who revealed how little innocence matters in this very criminal justice system. In dissenting from the Supreme Court's decision in 2009 to allow Troy Davis another hearing, Scalia said, "This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable."
Scalia’s fellow justices noted that his position allows no legal avenue for even an obviously innocent person to have his or her case heard, including condemned people facing imminent execution. Frankly, the United States has thousands of "obviously innocent" people behind bars and more being incarcerated continually. Wrongful convictions are common, primarily among mentally ill citizens, people of color, and poor whites. Excerpt from "Judge Anderson vs. Michael Morton: Wrongful Conviction": America wrongfully convicts from 5k to 10k people per year, mostly people who are black or poor. The USA keeps these inmates throughout their childbearing years to use them as slaves and for eugenics (to prevent population growth among "undesirable" populations of people, such as blacks). Around the age when people would normally retire, the injustice system may finally admit its mistake and release a few each year (mostly senior citizens). That way the public is convinced the system really cares about innocence, although it does not. The game is eugenics and slavery while promoting the illusion of inclusion.
Truth-teller Scalia honestly affirmed that internment of American citizens on our own soil by the government would likely happen again as it did to the Japanese during WWII. Scalia was responding to a question about the court's 1944 decision in "Korematsu v. United States," which upheld the convictions of Gordon Hirabayashi and Fred Korematsu for violating an order to report to an internment camp. "Well, of course, Korematsu was wrong. And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again," Scalia told University of Hawaii law students and faculty during a lunchtime question-and-answer session in 2014. "In times of war, the laws fall silent." Lawlessness is attractive to elite white supremacists.
Long ago, I would listen to Rush Limbaugh to learn what conservatives were thinking until I found Justice Scalia. For that, we will miss him. I can think of no reason at all why we will miss Clarence Thomas, but some corporations might. Maybe without Justice Scalia to partner with, Thomas will go ahead and retire and give us the chance to learn what life can be like without the dynamic conservative duo on the U.S. Supreme Court.
Justice Antonin Scalia was a man who had humor, wit, and uncommon honesty. It should now fall to President Obama to choose his successor, but that may not happen. It would be unusual for the Supreme Court to have a vacancy for a lengthy period of time, but political commentators anticipate the Republican-led Congress will refuse to confirm a new justice until after the election. Once Obama leaves office, Scalia's replacement would be decided by a president who is a fellow conservative, unless, of course, Senator Bernie Sanders wins. #feelthebern
Writer of Wrongful Death of Larry Neal.com
Director of Assistance to the Incarcerated Mentally Ill
and Davis-MacPhail Truth Committee
Author of "The Cochran Firm Fraud"