Ginsburg: It Could Have Been Worse. Scalia Could Have Lived.

Loading

Patterico:

You think I’m exaggerating with that headline? I wish I were. Justice Scalia and Justice Ginsburg were friends, we were told. I bet Justice Scalia believed it. But this New York Times interview suggests . . . something different:

One of the 4-4 ties, Friedrichs v. California Teachers Association, averted what would have been a severe blow to public unions had Justice Scalia participated. “This court couldn’t have done better than it did,” Justice Ginsburg said of the deadlock. When the case was argued in January, the majority seemed prepared to overrule a 1977 precedent that allowed public unions to charge nonmembers fees to pay for collective bargaining.

A second deadlock, in United States v. Texas, left in place a nationwide injunction blocking Mr. Obama’s plan to spare more than four million unauthorized immigrants from deportation and allow them to work. That was unfortunate, Justice Ginsburg said, but it could have been worse.

“Think what would have happened had Justice Scalia remained with us,” she said. Instead of a single sentence announcing the tie, she suggested, a five-justice majority would have issued a precedent-setting decision dealing a lasting setback to Mr. Obama and the immigrants he had tried to protect.

“Think what would have happened” if my friend had remained alive.

Things could have been worse.

If my friend had remained alive.

Beware befriending a radical leftist

Read more

0 0 votes
Article Rating
Subscribe
Notify of
6 Comments
Inline Feedbacks
View all comments

Well, maybe she’ll be moving to New Zealand in November. I’m sure Scalia would not have made that kind of statement about her.

she crossed the line on the separation of power and the judiciary. naughty ruthiee, maybe it is time for her to leave 1/2017.

@MOS #8541:

maybe it is time for her to leave 1/2017

Maybe it is but you do understand that only she gets to make that decision, right?

@MOS #8541: She has pancreas cancer

she crossed the line on the separation of power and the judiciary.

The fact that she has never previously made such a comment might suggest just how serious a danger to the safety of the nation she considers a person like Donald Trump to be.

Was Scalia murdered? I wonder.