Big surprise! Antonin Scalia says he would have dissented in Brown vs. Board of Education — HEADLINE WRONG, STORY CORRECTED BELOW
October 27th, 2009 at 02:32pm Pat Cunningham
 
  (NOTICE: See UPDATE at the bottom of this post.)
Golly whiz! I never could have predicted THIS:
 In an appearance at the University of Arizona College of Law, Supreme Court Justice Antonin Scalia said that if he were on the court in 1954, he would have dissented in the landmark Brown vs. Board of Education decision that ended school segregation based on race.
 Hmm. I wonder if he also would have dissented in Loving vs. Virginia, the 1964 case that overturned anti-miscegenation laws.
 How about Griswold vs. Connecticut, the 1965 case that overturned a state law prohibiting contraception?
 And which side would he have taken in the Dred Scott Decision?
UPDATE: HuffPo has run a correction, noting that Scalia was misquoted: http://www.huffingtonpost.com/2009/10/27/scalia-on-brown-v-board-o_n_335591.html
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11 Comments Add your own
1. Mr. Funfsinn | October 27th, 2009 at 3:16 pm
There were no concurrences in Brown because it was believed that nine seperate concurrences would weaken the holding opinion, which is absurd. The concurrences could have pointed out all of the weaknesses in Chief Justice Warren’s reasoning, which has done relatively little to address anything other than seperate, but equal, which has done relatively little to close the “learning gap” between white and black students.
2. QuentinK | October 27th, 2009 at 3:21 pm
Wow! And this guy was the benchmark for NEW judges for W and company? Wow!
I remember being in grade school and having a ’sister’ school here in Rockford. Their kids, almost all African-Americans, came out to AC Thompson and were very quiet as they toured our lunch room, gymnasium, library, learning center, new playground, etc. We thought it was funny because they acted like they had never seen any of this before. A month later we went to their school. Their library was basically two tables stacked with falling apart hand me down books. These were set up in the corner of their leaking gym which also served as their lunchroom when it wasn’t raining I suppose. Their playground was a swing less swing set in the corner of the parking lot.
If this was, or is, in anyway acceptable to anyone you really need to reexamine your character. This includes Scalia,
3. expdoc | October 27th, 2009 at 3:27 pm
QK,
I don’t think Scalia was saying it is acceptable, I think he was saying it is not the place of the Supreme Court to make law, it is the legislative branch of either the federal or state government. Big difference.
4. DingDong | October 27th, 2009 at 4:03 pm
WRONG, they corrected it. This is what you for your knee jerk reaction without getting the actual text instead of the crap factory.
http://www.huffingtonpost.com/2009/10/27/scalia-on-brown-v-board-o_n_335591.html
5. SNuss | October 27th, 2009 at 4:07 pm
BTW, Pat, since you brought it up, which way would YOU have voted, in the Dred Scott decision?
6. Pat Cunningham | October 27th, 2009 at 5:43 pm
SNuss: In the Scott case, I would have dissented from Justice Taney’s decision — of course.
7. Mike Carroll | October 27th, 2009 at 5:45 pm
Pat will no doubt apologize when he realizes the error. Lets all set our watches.
8. Pat Cunningham | October 27th, 2009 at 5:53 pm
Mike Carroll: I was away from the shop for several hours and, upon my return, I corrected the post the minute I found out that HuffPo had misquoted Scalia.
9. Pat Cunningham | October 27th, 2009 at 6:04 pm
Actually, it was a Phoenix-area paper that misquoted Scalia. HuffPo picked up the story from the paper.
10. Mike Carroll | October 27th, 2009 at 7:25 pm
“Golly whiz! I never could have predicted THIS:”
The statement pretty much speaks for itself.
Res Ipsa loquitor
11. Pat Cunningham | October 28th, 2009 at 6:26 am
Mike Carroll: “Res ipsa loquitor”?
Haven’t I told you that I don’t like Latin per se? (Heh, heh.)
Besides, it’s spelled “loquitur.”
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