Remembering TCPaul, 2016-2019

Why the RBG cult of personality?

Most of her opinions are function over form with no real way irishlaw12/26/18
I hate reading Scalia opinions. He's overrated as an opinion therewillbeblood12/26/18
You really have to ask? Virtue signaling. Or was this rh superttthero12/26/18
Um, what exactly is Thomas’ landmark opinion? Agreed as jorgedeclaro12/26/18
It’s less about Thomas having a landmark opinion and more irishlaw12/26/18
Hugo Black, the First Amendment absolutist, dissented in Tin jorgedeclaro12/26/18
Tbf, the slaughterhouse cases was wrongly decided. Probably midlaw12/26/18
I tend to agree. irishlaw12/26/18
"was wrongly decided" Would you go so far as to say the h wutwutwut12/27/18
Thomas best opinion is the dissent in Raich v Gonzalez. Pro anotherjd12/26/18
O'Connor's dissent in Raich was pretty clear and clearly rig wutwutwut12/27/18
Thomas in Raich for the win! esquirewalletsmatter12/27/18
A good example of Scalia's politics trumping text is his con therewillbeblood12/27/18
You go girl!! anotherjd12/26/18
She makes Trumptards froth at the mouth in hyperspastic apop shithead12/26/18
Liberals see her as a staunch defender of abortion. Nothing brokelawyer12/26/18
"I hate reading Scalia opinions. He's overrated as an opinio specv31312/26/18
Link to Bruce Hay op-ed incoming in 5..4..3..2.. The Ian jorgedeclaro12/26/18
And: https://heinonline.org/HOL/LandingP age?handle=hein.jou therewillbeblood12/26/18
I will vote for no. But I’m admittedly biased because I ha jorgedeclaro12/26/18
I'm not a Chemerinsky fan mostly for the whole UC-Irvine thi therewillbeblood12/26/18
And I think he is a political hack who intentionally tries t jorgedeclaro12/26/18
This. 10 years or more of reading Chemerinsky OpEds... er.. wutwutwut12/27/18
Bravo on gathering a wealth of material demonstrating that S specv31312/26/18
Ian Samuel is pro-Scalia. Edited to remove artard. I sho jorgedeclaro12/26/18
You want some aloe? It might help with that sick burn you bangbus12/26/18
" I have yet to find any serious legal scholar argue that Sc therewillbeblood12/26/18
specv313, you really should read the Samuel piece. wutwutwut12/27/18
I know about Samuel - he's an ultra liberal that got hired a specv31312/27/18
That was JDC's point. He offered Prof.Samuel as counterpoin wutwutwut12/27/18
whoopsiedouble wutwutwut12/27/18
??? gazoo02/12/19
Neon lights Nobel prize Who will be CiC When RGB dies? serbexo02/12/19



irishlaw (Dec 26, 2018 - 12:44 pm)

Most of her opinions are function over form with no real way to tell the limits of what she is opining on.
I’ve agreed with somethings she had said and disagreed with others.

But no one in law schools looks forward to reading a RBG opinion in the same way a Scalia or Thomas opinion.

Maybe it’s her writing style but I just don’t see the hype.

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therewillbeblood (Dec 26, 2018 - 2:18 pm)

I hate reading Scalia opinions. He's overrated as an opinion writer, his judicial philosophy changes based on political concerns, and the sarcasm and nastiness isn't really that funny.

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superttthero (Dec 26, 2018 - 12:46 pm)

You really have to ask? Virtue signaling.

Or was this rhetoric?

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jorgedeclaro (Dec 26, 2018 - 12:59 pm)

Um, what exactly is Thomas’ landmark opinion?

Agreed as to the rest though. The VMI case is the only Ginsburg opinion which will regularly appear in con law case books.

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irishlaw (Dec 26, 2018 - 2:29 pm)

It’s less about Thomas having a landmark opinion and more about the the hilarity of him string citing himself and the more out there views like overturning the slaughterhouse cases and believing gradeschool kids have no first amendment rights.

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jorgedeclaro (Dec 26, 2018 - 2:34 pm)

Hugo Black, the First Amendment absolutist, dissented in Tinker.

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midlaw (Dec 26, 2018 - 3:19 pm)

Tbf, the slaughterhouse cases was wrongly decided. Probably not for the reason Thomas wants them overturned though.

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irishlaw (Dec 26, 2018 - 3:52 pm)

I tend to agree.

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wutwutwut (Dec 27, 2018 - 9:29 am)

"was wrongly decided"

Would you go so far as to say the holding was offal?

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anotherjd (Dec 26, 2018 - 5:42 pm)

Thomas best opinion is the dissent in Raich v Gonzalez. Probably the most clear and concise I've ever read. Admittedly im no Supreme Court scholar but it's my favorite. That and Holmes's "three generations of imbiciles" one.

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wutwutwut (Dec 27, 2018 - 9:35 am)

O'Connor's dissent in Raich was pretty clear and clearly right, too (IMO). And I say that as someone who has been exasperated by a lot of O'Connor's opinion writing.

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esquirewalletsmatter (Dec 27, 2018 - 10:05 am)

Thomas in Raich for the win!

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therewillbeblood (Dec 27, 2018 - 2:11 pm)

A good example of Scalia's politics trumping text is his concurrence in Raich.

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anotherjd (Dec 26, 2018 - 1:32 pm)

You go girl!!

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shithead (Dec 26, 2018 - 2:42 pm)

She makes Trumptards froth at the mouth in hyperspastic apoplexy.

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brokelawyer (Dec 26, 2018 - 3:21 pm)

Liberals see her as a staunch defender of abortion. Nothing is more sacred to liberals than abortion. I swear to god, it’s all they think about. That was the unspoken subtext of the Kavanaugh debacle.

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specv313 (Dec 26, 2018 - 4:09 pm)

"I hate reading Scalia opinions. He's overrated as an opinion writer, his judicial philosophy changes based on political concerns, and the sarcasm and nastiness isn't really that funny"

Personal opinion, which is a pretty flimsy one at that. I have yet to find any serious legal scholar argue that Scalia was "overrated" as an opinion writer. Now please go find rando law review articles arguing as such and post, therewillbeblood.

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jorgedeclaro (Dec 26, 2018 - 4:15 pm)

Link to Bruce Hay op-ed incoming in 5..4..3..2..

The Ian Samuel view
https://static1.squarespace.com/static/514e1ca0e4b04c6ad1834313/t/576caa50f5e231021f434ad9/1466739297070/Samuel+Formatted+v4.pdf

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therewillbeblood (Dec 26, 2018 - 4:48 pm)

And:
https://heinonline.org/HOL/LandingPage?handle=hein.journals/uhawlr22&div=18&id=&page=

Or is Erwin Chemerinsky not a serious legal scholar?

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jorgedeclaro (Dec 26, 2018 - 5:21 pm)

I will vote for no. But I’m admittedly biased because I hate Chemerinsky with a passion.

Edit: I just found an AMA he did on reddit a year ago. In light of his recent argument that Title IX overrules the First Amendment, it made me all the more angry at his bullsh!t

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therewillbeblood (Dec 26, 2018 - 5:47 pm)

I'm not a Chemerinsky fan mostly for the whole UC-Irvine thing but I do agree with him on a lot of substantive issues.

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jorgedeclaro (Dec 26, 2018 - 5:50 pm)

And I think he is a political hack who intentionally tries to make people dumber about the law in order to advance his political preferences.

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wutwutwut (Dec 27, 2018 - 8:42 am)

This. 10 years or more of reading Chemerinsky OpEds... er... "legal analysis articles" in the ABAJ. Some of them are solid legal analyses, the majority are just hackery.

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specv313 (Dec 26, 2018 - 5:34 pm)

Bravo on gathering a wealth of material demonstrating that Scalia was a poor opinion writer. Ian Samuel, currently under Title IX investigation and an avowed socialist, and old-Man Chemerinsky, who dislikes the "meanness" of Scalia opinions, have settled the debate.

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jorgedeclaro (Dec 26, 2018 - 5:37 pm)

Ian Samuel is pro-Scalia.

Edited to remove artard. I shouldn’t personally attack people other than Chemerinsky.

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bangbus (Dec 26, 2018 - 5:47 pm)

You want some aloe?

It might help with that sick burn you just received

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therewillbeblood (Dec 26, 2018 - 5:48 pm)

" I have yet to find any serious legal scholar argue that Scalia was "overrated" as an opinion writer"

How heavy are them goalposts?

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wutwutwut (Dec 27, 2018 - 10:11 am)

specv313, you really should read the Samuel piece.

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specv313 (Dec 27, 2018 - 1:16 pm)

I know about Samuel - he's an ultra liberal that got hired as one of Scalia's "counter clerks" and who otherwise has great respect for the man. Samuel makes some nuanced criticisms of Scalia, but I don't believe he'd ever seriously argue that Scalia is overrated as an opinion writer. I like the Samuel for the most part - listen to him on First Mondays. Hopefully the Title IX issue doesn't steam roll him for life.

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wutwutwut (Dec 27, 2018 - 1:24 pm)

That was JDC's point. He offered Prof.Samuel as counterpoint to Prof.Hays's rant.

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wutwutwut (Dec 27, 2018 - 10:11 am)

whoopsiedouble

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gazoo (Feb 12, 2019 - 2:09 pm)

???



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serbexo (Feb 12, 2019 - 2:16 pm)

Neon lights
Nobel prize
Who will be CiC
When RGB dies?

Reply
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