Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on July 29, 2012 12:38 PM. The previous post in this blog was NBA greed may kill the Dream Team. The next post in this blog is Standard procedure invoked in killing by Portland cop. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Sunday, July 29, 2012

Scalia issues new opinions -- on Fox News

While he's plugging his book on TV, he might as well talk about the substance of an issue that is likely to come up before the Court -- and criticize a colleague for a past opinion.

Maybe next week Justice Thomas will appear with the Foxies and explain the conflict of interest rules.

Vote for Romney and get three more of these guys.

Comments (26)

Fat chance you'll hear Thomas on much, but Scalia sure does like that sweet sound of his awesome voice.

“Yes, there are some limitations that can be imposed,” he said. “What they are will depend on what the society understood was reasonable limitation” when the Constitution was written. He cited, for example, a misdemeanor at the time, of carrying a frightening looking weapon such as a “head ax”.

So, Scalia says to expect restrictions in the future.

But remember, any gun control legislation that is new, or enforcement of existing laws, will only effect the behavior of people who pay attention to and obey those laws. Which, by definition, excludes every single person who has committed gun crimes, small and large, over the last decades. Columbine, VA Tech, Aurora, CO and our own Thurston HS; each of those perps disobeyed existing gun laws, and all would have disobeyed any new laws that we can think of in the future as well.

I don't have the answer, but I'm just sayin' what is common sense obvious but ignored by the gun control lobby.

What? No cannons!
At the time the second amendment was written, one of the fears was that the federal government would use troops to overpower states, as they would do in the civil war. The "militia" was indeed to oppose foreign enemies, but not necessarily only foreign enemies.
But that was when citizen soldiers stood a chance against armies equipped with weapons much like their own.
There are in this country many people who arm themselves against the day the army comes after them to take away their guns, or make them vote or do something the UN wants them to do. But the army has way more firepower, to say nothing of artillery and air power.
Amateur artillery batteries would seem an unreasonable danger to the rest of us, and would certainly need to be regulated. The NRA might even favor that. But that deprives the worried citizen of his chance to resist a despotic government or an invading army.
So an armed citizenry is an empty threat. Which means the rationale behind the second amendment no longer exists in any practical sense. We should stop arguing about this as if it were a religious debate, and come up with a practical solution to private gun rights, without reference to an obsolete Constitutional concerns.

And I see no reason for justices keeping silent on broad issues that are likely to come before the courts. We generally know their previous positions. We are supposed to be able to trust them to make their decisions based on the law as it stands, just like a lay juror in Podunk.

.... and criticize a colleague for a past opinion

Are you saying that it was Scalia who leaked information to the press about Roberts' switch on the ACA?

For all those who think that insurgents armed only with small arms are impotent against a modern army I would direct your attention to Iraq, Afghanistan and Syria....

Your statement that all prior mass killers have violated then-existing gun control laws is just flat-out false.

On Wednesday, Napolitano stated that DHS expects to deploy drones in-country.

Queries: Why has DHS ordered 450 million .40 caliber hollow-point rounds?

Why has DHS put in a rush order for riot gear?

Why is Eric Holder not in jail?

Do you really think arms control laws are inherently meaningless or futile, Harry? Consider that lots of bad guys in the US would love to use rocket-propelled grenades to kill folks or accomplish their deeds. But because of government controls, they not easily accessible, a bad guy obtaining one would be rather difficult and exceptionally costly. Compare to say, the Middle East.

On some other blogs, tea-bag types are really freaking over these non-news comments from SCOTUS' favorite windbag. Surprisingly, I draw some kind of intense pleasure from this. Probably not healthy. Is this schadenfreude, or something else? If this is even a minuscule sample of what I'll get to experience when the right absolutely loses their s*** after Obama wins reelection, it's going to be a doozy.

... of carrying a frightening looking weapon such as a “head ax”.

Odd, I have still vivid and disturbing images of a man brandishing an ax handle.

Jack, I disagree with you on both points: Scalia didn't talk about the substance of gun control, nor did he criticize Roberts's recent health care opinion.

The interviewer challenged Scalia on the dissent in the health care case, especially given one of the chapters in Scalia's new book. Scalia didn't even mention Roberts's name; he just defended his own opinion.

In addition, he repeatedly refused to discuss internal Supreme Court proceedings.

Re: gun control, I don't think he said anything inappropriate, repeatedly refusing to decide the interviewer's questions re how Scalia would rule in certain situations.

I'm not sure I'm on board with Scalia's originalism, but he comes off in this interview, as always, as a very articulate, intelligent man.

You're entitled to your opinion. Especially if you're a corporation. But the comments quoted in the linked article are substantive. That's why, in general, judges don't belong on interview shows on television.

So Jack (honest question) did you criticize Breyer when he appeared on the same show back in 2010?

Personally I like to hear from them occasionally and not just from the bench.

did you criticize Breyer when he appeared on the same show back in 2010?

No, I didn't hear about it. Probably because he didn't say anything substantive.

But generally, the Supreme Court justices, whatever their politics, don't belong on talk shows. If they want to be on TV, they ought to start by going all nuts and allowing live video of their own proceedings.

Aaron: On some other blogs, tea-bag types are really freaking over these non-news comments from SCOTUS' favorite windbag.

Not sure what you're trying to say, other than the usual hater approach of sexual put-down.

Are you referring to the "racist, homophobic Republican" TEA party associates? Or the black and Asian TEA party associates? Or the Independent and the Democrat TEA party associates? Maybe you mean to impugn the Libertarians?

You really need to clarify toward whom you wish to direct your hatred.

Breyer and Scalia have actually given us demonstration now of the right and wrong way to go about this. Not too long ago, the two of them actually did a fairly good job of informing the public of a thing or two over television.


I'm talking about the kind of people who seemingly believe the second amendment was put there so they can commence a violent coup against our Government should they deem it necessary, or at least so they can easily murder anybody stealing their stuff or making them feel frightened, whether they belong to a well-regulated militia or not. I think they see any gun control as threatening to that beautiful notion. Today there's a legitimatized political group overflowing with these troglodytes.


So you feel it necessary and a meaningful contribution to refer to people as "teabaggers" and "troglodytes"?

Stay classy.

When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe .” — Thomas Jefferson

“No free man shall ever be debarred the use of arms.” – Thomas Jefferson

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”– Thomas Jefferson

So you disagree with Libertarians, Independents, Democrats, and Republicans who happen to subscribe to the views of Jefferson. And the best you've got is juvenile tactics. Okay, then. Thanks for the clarification.

Max - I love you. In a completely hetero way, of course.

Max, I find it necessary and satisfying to call you an intellectually dishonest teabagger.

“No free man shall ever be debarred the use of arms.” – Thomas Jefferson

This is a fabricated quote. Often attributed to the Thomas Jefferson Papers, 334, it simply is not there. Historians have not found this quote in any speeches, letters, or personal diaries.

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”– Thomas Jefferson

Exact same thing with this one. Utterly fake quote some gun nut must have thought sounded cool and affirmed his strange views.

Where did you find this crap? A chain e-mail? You certainly didn't learn of these through any kind of genuine research. Jefferson has written a great many things, and they're all public domain and easily available for you to read.

Even if you hadn't been spreading lies, it wouldn't matter as to your point. Only this is what was ratified for the Constitution by Congress and authenticated by Secretary of State Thomas Jefferson:

"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

A correction.

Typically your second false quote ("The strongest reason...") is appended to the end of the first one. But the initial quote ("No free man shall ever be debarred the use of arms.") indeed isn't completely fabricated -- instead it's from a early draft of the Virginia State Constitution, that didn't make it in.

In his first draft of the Virginia constitution, it was:

No freeman shall ever be debarred the use of arms.

In his second draft:

No freeman shall be debarred the use of arms within his own lands or tenements.

In his third draft:

No freeman shall be debarred the use of arms within his own lands or tenements.

And finally it was dumped entirely before it was adopted.

Keep on with the class, Aaron. You may notice that nobody here uses the abusive terms quite like you.

And no, I didn't get the Jefferson quotes from chain-mail - you just can't stop with ad hmominem attacks, can you?

Here's another quote from Thomas Jefferson that you may find distasteful:

"A strong body makes the mind strong. As to the species of exercises, I recommend the gun...Let your gun therefore be your constant companion of your walks." 1785.

As you noted, before calling me a liar:

In his first draft of the Virginia constitution, it was:

No freeman shall ever be debarred the use of arms.

Let's see, Aaron: so far, you've called me a liar, a teabagger, said that I'm full of crap, and ranted on. As I've noted, your behavior is juvenile, and as I've also noted, you appear to agree with me when I stated that Jefferson wrote: No freeman shall ever be debarred the use of arms.

You quibble about other statements referred to, all the while hurling invective and publishing false accusations.

When you are invited into someone's living room for a discussion, Aaron, it's bad form to crap on the carpets, and then fling it at others. What are you - a chimp?

So Jefferson thought guns made for good exercise. Great. I'm sure you can come up with plenty more quotes about what the founding fathers thought about guns. Who cares?

You attributed a false quote to him advocating that the most important reason for gun ownership is so they can be used to overthrow the government, as some kind of evidence that I'm wrong in my portrayal of teabagger-types. You haven't acknowledged or apologized for it. Yes, I accidentally thought you had two fabricated sources instead of just one. I corrected myself as soon as I saw I was wrong.

you appear to agree with me when I stated that Jefferson wrote: No freeman shall ever be debarred the use of arms.

Sure he wrote it. For a state constitution. That got dropped. Again, who cares? The writings and teachings of Jefferson aren't some kind of bible we must respect. And you notice in later drafts this was changed to only allow use of arms on your own property.

I didn't call you a liar, but you did spread a lie. I do claim you are being intellectually dishonest, and I'd be surprised if you don't identify with the teabaggers.

If you want to continue worthless exchange further, feel free to leave your e-mail address and I'll be sure to get back to you.

Even if you hadn't been spreading lies

Aren't semantics wonderful, Aaron?

You didn't call me a liar, you simply implied it. I don't identify with the teabaggers, as there is no such group - it's just a hate-term that you use.

I posted three (now four) quotes. You claim that one is falsely attributed.

Who cares? Obviously, you do - else you wouldn't spew so much hate-filled venom.

And now, as is typical for hate-filled Lefties, you think you can dismiss the feces-throwing and name-calling that you (and you alone) have engaged in by referring to it as a "worthless exchange", grabbing your ball, and running back home to Mommy.

You've yet to reply to my previous query, which I'll expand upon: do you hate Republican teabaggers, Independent teabaggers, Democrat teabaggers, and Libertarian teabaggers? Do you reserve your hatred for whites, or do you include blacks, Asians, and Hispanics as targets for your venom? I use the term, "teabaggers" only because you seem so enamored with sexual targeting; it is therefore a term that you're comfortable with.

Whom, exactly, don't you hate?

Stay classy, Aaron.

I don't feel hatred for those groups of people.

Scalia is not hard right on gun control. It would be shocking if the court expanded gun rights beyond the status quo. It might even create limits that go beyond current federal regulations - at least if Scalia finds an old story about a group of lawful townspeople taking a pistol away from the town drunk.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Louis Jadot, Pouilly-Fuissé 2011
Trader Joe's, Grower's Reserve Pinot Noir 2012
Zenato, Lugana San Benedetto 2012
Vintjs, Cabernet 2010
14 Hands, Hot to Trot White 2012
Rainstorm, Oregon Pinot Gris 2012
Silver Palm, North Coast Cabernet 2011
Andrew Rich, Gewurtztraminer 2008
Rodney Strong, Charlotte's Home Sauvignon Blanc 2012
Canoe Ridge, Pinot Gris, Expedition 2012
Edmunds St. John, Bone-Jolly Gamay Noir Rose 2012
Dark Horse, Big Red Blend No. 01A
Elk Cove, Pinot Noir Rose 2012
Fletcher, Shiraz 2010
Picollo, Gavi 2011
Domaine Eugene Carrel, Jongieux 2012
Eyrie, Pinot Blanc 2010
Atticus, Pinot Noir 2010
Walter Scott, Pinot Noir, Holstein 2011
Shingleback, Cabernet, Davey Estate 2010
Coppola, Sofia Rose 2012
Joel Gott, 851 Cabernet 2010
Pol Roget Reserve Sparkling Wine
Mount Eden Chardonnay, Santa Cruz Mountains 2009
Rombauer Chardonnay, Napa Valley 2011
Beringer, Chardonnay, Napa Reserve 2011
Kim Crawford, Sauvignon Blanc 2011
Schloss Vollrads, Spaetlese Rheingau 2010
Belle Glos, Pinot Noir, Clark & Telephone 2010
WillaKenzie, Pinot Noir, Estate Cuvee 2010
Blackbird Vineyards, Arise, Red 2010
Chauteau de Beaucastel, Chateauneuf-du-Pape 2005
Northstar, Merlot 2008
Feather, Cabernet 2007
Silver Oak, Cabernet, Alexander Valley 2002
Silver Oak, Cabernet, Napa Valley 2002
Trader Joe's, Chardonnay, Grower's Reserve 2012
Silver Palm, Cabernet, North Coast 2010
Shingleback, Cabernet, Davey Estate 2010
E. Guigal, Cotes du Rhone 2009
Santa Margherita, Pinot Grigio 2011
Alamos, Cabernet 2011
Cousino Macul, Cabernet, Anitguas Reservas 2009
Dreaming Tree Cabernet 2010
1967, Toscana 2009
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009

The Occasional Book

Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 119
At this date last year: 21
Total run in 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics