Derelict On The Waters Of The Law

So the wingnuts are pitching a fit because the Kenyan shall not be attending the Saturday funeral of the recently deceased 18th Century jurist Antonin Scalia. These people, they simply won't understand, that the Kenyan, he is under no obligation, whatsoever, to show up, every time some random racist, is bound for the boneyard.

And, anyway, the Kenyan, and Mrs. Kenyan, they shall dutifully troop by, today, before the whaling bloating corpse, as it lies in state in the place where it did the most damage—the United States Supreme Court.

And, tomorrow, Joe Biden, Vice President of them United States, he shall attend the funeral. Which makes sense. Because Biden's a Catholic. And Scalia was a Catholic. While the Kenyan, of course, and as everyone knows, is a Muslin.
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Scalia's funeral, it shall take place in the largest Catholic Church in the United States. Which is required simply to accommodate the man's immediate family. Because Scalia, though himself an only child, committed cruel and unusual punishment upon his wife, by forcing her to lie beneath his huge, hairy, grunting, jiggly-piggly body. And, in the fullness of time, emit, from her straining, swollen, pain-wracked frame, the mewling fruit of the slippery juice of his fat-bloated loins. Some nine children. Which have since gone on to produce 36 grandchildren.

Like a bull, or a dog, or a wheat-head, Scalia, he sought to cover all the land, with the seed of his being. He, he be'd fruitful, and multiplied. And multiplied and multiplied. Like a goddam fucking fruit fly.

Scalia, he was always a dingleberry. And, in the histories, there shall be deep glumness, that, because of inattentive wiping, he was allowed, so long, to cling to the ass-hairs of America.

Scalia claimed that, in jurisprudence, he was an "originalist," wedded to the "text and tradition" of the Constitution. But, as David Kairys, so long ago, and so elegantly and simply, pointed out:

[t]he guiding principle for interpreting the Constitution, according to Scalia, is "text and tradition"—the text of the Constitution and the historical traditions of American society. This principle flunks its own test: it is not itself in the text of the Constitution, and does not accurately describe our constitutional history or tradition, which has been extraordinarily activist.

"Originalism" was simply Scalia's code/cover word for "give all the money to the businesses" and "kill the niggers and chastity-belt the wimmins."

These days when some sort of in some way famous human dies in the United States there is this peculiar need to portray the person in the public prints as if s/he had been some sort of globe-bestriding colossus who should be elevated to some form or another of Olympus.

So thus we read that Scalia was some form of legal giant, whose "originalism," it has swept across the land, like an unstoppable locust-swarm.

Except that, on the high court today, only Uncle Thomas, he shuffles along with the Scalia originalist insects. Not even the late Scalia's right-bent other court compadres—Alito, Roberts, Kennedy—will touch the bent beetle. And among the court "liberals," Stephen Breyer, he recently published a work that, in its assault on "originalism," might as well be subtitled Blow It Out Your Bunghole, Fat Tony.

"Originalism," it is pure disphittery. No one takes it seriously.

"Originalism" is, in Felix Frankfurter's memorable phrase, "a derelict upon the waters of the law." No one, in present time, ever thought it even Sane. And, in the histories, people, confronted with it, will but laugh and laugh. With pangs of pain. Which is where laughter, always, comes from.

Scalian "originalism," in Hebraic law, would mean that, now, in 2016, gendarmes would need to blanket the planet to drag out of their tents people who had mixed in a single garment two cloths. And then take them out and stone them to death. Because that's what it Says. Way back in Leviticus.

Other Scalian horseshit we are now forced to be hearing is that he was some great writer and wit. Except Scalia himself admitted he did not draft his own opinions; all his famous "zingers," they were the work, of his snotnosed clerks.

Let's face it. Scalia. He was just a fat man. In a bathtub. With—like all and every, of all and every of us—the blues.

[video:https://www.youtube.com/watch?v=kb-yB4OxGBA]

There is an idea, screaming at top volume across all and every quasi-sane tube, that maybe Fat Tony, he did not die of natural causes, but instead got hisself killed.

Mebbe so, mebbe so.

But I know, for a fact, that if he was killed, he was not poisoned. Because of this here email, rendered below, from Justice Sonya Sotomayer, to Justice Elena Kagan, sent shortly after the latter had joined the court, and after she had wondered, appalled, aloud, if maybe, there might, be some way, that Fat Tony, he could be killed.

Elena, I asked Ruth about poisoning Scalia, and she says it just won't work. She says she's tried several times, at those dinners they have together, to slip damn great doses of poison into his food, but none of them have ever had any effect. It is her opinion that he actually died many years ago—probably from an aorta-blow during one of his many uncontrollable fits—and was then replaced by some sort of manufactured RoboJustice, that is impervious to poison. (Also, she says nothing really can be done about Clarence telling you, during conference, to "get me some more coffee, bitch"; according to her, "that's just his way.")

If the above is True, and it is further True that Scalia was in fact "killed," then, if he had really become a RoboJustice, the Ending may have been as easy as unplugging his Power Pack.

A lot of the screaming about the Kenyan eschewing the Fat Tony funeral involves the fact that George II not only attended the funeral of William Rehnquist, but also there delivered a eulogy.

But of course. For without Rehnquist, George II never would have become president.

Because Rehnquist shephered through the high court Bush v. Gore. That was his baby.

Yes, it is true a Scalia son worked for a law firm representing George II in Bush v. Gore; yes, it is true Uncle Thomas' wife was a very senior Cheney factotum, busily processing applications for those seeking appointment to the yet-to-be Bush administration; yes, it is true that Sandra Day O’Connor on election night publicly exclaimed "this is terrible," upon learning that Al Gore had apparently won, for she wished to retire from the bench, but would only do so under a Republican president.

But Bush v. Gore, it was all Rehnquist. Rehnquist, the man who, people today, people with no sense of history, think Scalia was.

No. It was Rehnquist. Who moved the earth, from the Warren court, to what the Americans have today.

Rehnquist, who, as a lawyer in the Nixon administration, out-John Yooed John Yoo, in writing a legal justification for martial law.

In 57 prior cases that had come before him on the Supreme Court, Rehnquist had never once found an equal-protection violation. But he found one in Bush v. Gore. His crowning moment. Coming: in a coup.

Al Gore, he was prevented by main force, from attending the funeral of William Rehnquist.

But the Kenyan, he shall not prevent Gore, from attending the funeral, of Fat Tony.

And thus, at some point, in tomorrow's proceedings, Gore, he shall weave, proud and drunkenly, up the aisle; he shall then pause before the coffin of the dead man; shall then undo his fly; and then he shall rain down upon him, Fat Tony, encoffined; all the fury, of his foggy dew.

[video:https://www.youtube.com/watch?v=LRvSdUh3wCE]

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Shahryar's picture

they should put a pillow over his face. That would be good.

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hecate's picture

his head. His head. ; )

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NCTim's picture

... is code for a dick. Oh, nevermind, I get it, Scalia was a dick. An important dick, so that's Mr. Dick to you.

We should not speak ill of the dead. Even a corrupt bigoted pustule like Scalia deserves to rot in peace.

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The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -

hecate's picture

it is also the writer/singer, Lowell George, a man of many poundages, as well as his would-be beloved's clitoris.

i said juanita
my sweet juanita
what are you up to
my juanita
i said jaunita
my sweet chiquita
what are you up to
my juanita
i hear you moan
i hear you moan
i hear you moan

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NCTim's picture

So the wingnuts are pitching a fit

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The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -

shaharazade's picture

read of Scalia's demise, death murder suicide? Much funnier then when I googled Scalia pillow on head and got a page full of links to crazies who think for some reason Spock killed him. What's that about? Isn't Leonard Nimoy dead? So do they think he came back and Vulcan Nerve Pinched him. Everybody knows the Vulcan nerve pinch is not fatal Spock always lowers those he uses it on gently to the ground. Must have been the Vulcan Death Grip.

Loved the Al Gore part. A couple of years the Bush coup he got a DUI here in Oregon when pulled over for he driving at about 100 miles per hour and was quite vocal about who he was. Eric went to see him when he was campaigning in 2003 for a so called progressive candidate running for the Senate. He thought he was at a wreslin' match and wore his cowboy costume including red cowboy boots. I liked him better after the Supreme's selection when he got loud and belligerent too bad he didn't mouth off liberally while he was campaigning or when he stopped the black caucus from causing a fervor over the farce of the Florida voting. Hope he wears his red cowboy boots to the funeral.

If you don't believe that the judicial branch, separation of powers and the rule of law is dead a door nail the truly bizarre conduct of law enforcement in rural Texas that went down after they found Scalia's body is pretty hard to justify, so why not blame it on Spock. A Vulcan death grip is a supernatural cause and this country loves the super anything regardless of whatever gets super sized. Thanks for the morning laugh and a sane reading on the proceedings. We all need a good dose of contempt of court. Justice's of the peace and local sheriffs seem as lawless as the Supreme's.

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hecate's picture

And thanks for the story of post-Bush v. Gore, bearded, cowboy-booted, shit-kickin', Al. ; )

May tomorrow his urine flow full and freely, as he lays the fat man to rest.

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Shahryar's picture

I'm not convinced of that "person" thing. My friend, Billy Bradbury, now Bill Bradbury because he's a grown up, former Secretary of State here in Oregon, was running for one of those things....Senator, Governor, I forget which...anyway, Billy had gone to Gore's place in Tennessee and had been in some sort of environmental program. So Billy got Gore to come here to Portland for an endorsement. Which led to this event in downtown Portland.

First these goons (Secret Service no doubt) swoop in, then Gore, looking like he is some sort of somebody, enters, gives a short speech about why we should work for Billy, then leaves, surrounded by the goons. No meeting the crowd or anything. Just zip in, talk, zip out. His speech wasn't memorable but the boots were. And the makeup that made him look like an undertaker had worked on him.

Unfortunately Billy lost and we got stuck with a crook who had to resign in disgrace.

Shaharazade will tell you, if asked or if so inclined to volunteer, that Billy lost her when we went to a house event at other friends of ours. The subject of Obama came up and Billy said to us "isn't he so inspiring?" I donated some money to him anyway.

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